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Archive: 06 August 2019

Posts in 06 August 2019

Section 54F deduction on payment for residential house eligible till due date of belated return filing

August 6, 2019 1191 Views 0 comment Print

Smt. Vatsala Asthana Vs ITO (ITAT Delhi) Regarding the payment made by the assessee before 31/03/2014, Hon7ble High Court of Rajasthan in the case of Shankar Lal Saini (supra) held that, where assessee, an individual deposited unutilized sale consideration in capital gains scheme within the due date of filing of belated tax return under section […]

Section 148 notice in name of deceased assessee is invalid

August 6, 2019 2262 Views 0 comment Print

Notice notice under section 148 being jurisdictional notice, issued to a dead person and legal representative not having waived the requirement of notice under section 148 and not having submitted to the jurisdiction of AO pursuant to impugned notice, provisions of section 292B would not get attracted and hence, notice under section 148 had to be treated as invalid.

PM Narendra Modi and HM Amit Shah Achieve the Impossible

August 6, 2019 2406 Views 2 comments Print

The current session of Parliament has been the most productive where historical legislations have been passed. The Triple Talaq law, strengthening of India’s anti-terror laws and the decision on Article 370 are all unprecedented. The popular belief that the promise BJP made on Article 370 is an unachievable slogan has been proved wrong.

Mechanical Addition for fictitious loss by Client Code Modification not sustainable

August 6, 2019 3099 Views 0 comment Print

Addition made by AO on account of suppression of profit and obtaining fictitious loss by assessee company by way of Client Code Modification (CCM) and on account of commission paid to brokers to obtain fictitious loss through CCM was to be deleted as AO had mechanically added amounts as income of assessee without verifying & furnishing

GSTR 9- One Page Guide on Treatment of ITC, RCM & Outward Liability

August 6, 2019 12228 Views 5 comments Print

The last date for filing of Annual return in FORM GSTR-9 for the FY 2017-18 is 31st August 2019 and many professionals facing lot of Confusion regarding Presentation purpose in different tables of GSTR 9 specially in case of transactions shown in GSTR 3B of 2018-19 which are pertaining to FY 2017-18. So  What will […]

Rebate on exports– No condition for export goods to be manufactured inside country

August 6, 2019 1587 Views 0 comment Print

Samsung India Electronics Pvt. Ltd. Vs Union of India (Allahabad High Court) Allahabad High Court has held that there is no specification under Excise Rule 18 that for the purpose of rebate, goods need to be manufactured inside country. The Court held that the rule talks about any goods, which includes both manufactured inside the […]

Fresh information in investigation report form- Reassessment notice valid

August 6, 2019 1197 Views 0 comment Print

Fresh information in the form of investigation report clearly demonstrated that initial disclosure regarding price of shares was not true and there was whole ‘live link’ between material in the form of investigation report and formation of belief that income had escaped assessment, therefore, reassessment notice was sustained as valid.

Goods cannot be detained if expired E-way Bill extended before detention order

August 6, 2019 4047 Views 0 comment Print

Ram Charitra Ram Harihar Prasad Vs State of Bihar (Patna High Court) In so far as the present case is concerned, the document at Annexure -A series would confirm that the goods were tax paid and thus the exercise had to be regulated under the provisions of Section 129(1 )(b) which provides for a lenient […]

Upfront fee paid to bank to obtain loan for acquisition of capital asset allowable

August 6, 2019 9471 Views 0 comment Print

Any expenditure incurred for obtaining loan was allowable as revenue expenditure even if the loan was intended for acquiring a capital asset. Thus, upfront fee paid to bank was thus allowable.

What is new under Section 135 of Companies Act, 2013

August 6, 2019 23832 Views 8 comments Print

Provisions of Corporate Social Responsibility under section 135 of Companies Act, 2013 are  amended vide Section 21 of Companies (Amendment) Act, 2019. Provisions of Section 21 Companies (Amendment) Act, 2019 will  come into force on such date as the Central Government may, by notification in the Official Gazette. Extract of Changes in Section 135 of […]

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