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Archive: September, 2019

Posts in September, 2019

No addition for gifts if Assessee proves Identity, capacity & genuineness of donor

September 6, 2019 1227 Views 0 comment Print

Gifts are normally made by relatives out of natural love and affection and do not necessarily require any particular occasion. Assessee had discharged his burden by furnishing necessary details before AO. In the absence of anything to show that the transactions were by way of money laundering,

Homebuyers cannot be Made to wait Indefinitely for Possession: NCDRC

September 6, 2019 2520 Views 0 comment Print

National Consumer Disputes Redressal Commission orders M/s. Golden Peacock to refund 4,12,98,926/- with 12% interest for delayed possession. Case details.

Demand of Service Tax on Ocean Freight under RCM notification is Ultra Vires

September 6, 2019 24789 Views 0 comment Print

A perusal of Section 94 shows that there is no power conferred upon the Central Government to make any Rules or Notifications for extraterritorial events; or in other words, for services rendered and consumed beyond the “taxable territory” i.e. beyond India. Obviously, the Act itself is not applicable to the territories other than India and therefore the Executives cannot have any power to make Rules for territories beyond India.

Transitional credit can’t be denied for mere non filing of form Tran 1 / Tran 2: HC

September 6, 2019 46452 Views 5 comments Print

M/s. Siddharth Enterprises Vs NODAL Officer (Gujarat High Court) Hon’ble High Court held that Transitional credit can’t be denied only because form Tran 1/ Tran 2 couldn’t not be filed. Requirement of filing of Trans 1 and Trans 2 returns is procedural in nature and not mandatory and therefore right of transitional credit can not […]

Appeal filing limit not applies to cases of Bogus LTCG/STCG

September 6, 2019 9114 Views 0 comment Print

Circular No. 23 of 2019-Income Tax F. No. 279/Misc./M-93/2018-ITJ(Pt.) Government of India Ministry of Finance Department of Revenue Central Board Direct Taxes Judicial Section New Delhi, 6th September 2019 Subject: -Exception to monetary limits for filing appeals specified in any Circular issued under Section 268A of the Income-tax Act, 1961-reg Reference is invited to the Circulars […]

Reorganisation of Regional Authorities of DGFT

September 6, 2019 2076 Views 0 comment Print

With a view to improve and equip the bigger regional authorities of DGFT with sufficient human resources and better infrastructure to cater to the exporter community, instructions have been issued reorganising the regional authorities of DGFT by merging the smaller Regional Authorities with the relatively bigger RA’s (

Gain on Sale of right to obtain flat- LTCG or STCG?

September 6, 2019 4323 Views 0 comment Print

ITO (International Taxation) Vs Monish Kaan Tahilramani (ITAT Mumbai) The only surviving question that arise for consideration is manner of computation of the gains. It is noted that the assessee has paid upfront payment to the extent of 5% upon allotment and the balance payment has been spread over by way of installment during the […]

Open Letter to FM: Suspend Section 43CA & 56(x) to revive Sick Real Estate Companies

September 6, 2019 16944 Views 4 comments Print

Real Estate Sector needs a bigger dose of corrective measures and concessions to bring out this sector from the red. One of the Demands of the Real Estate Sector is to Suspend Section 43CA & Section 56 (x) of the Income Tax Act.

All about Inter-Corporate Loans and Investments made by Company

September 6, 2019 32778 Views 2 comments Print

ALL ABOUT INTER-CORPORATE LOANS AND INVESTMENTS MADE BY THE COMPANY UNDER COMPANIES ACT, 2013 COMPANY > Gives Loan to any person > Investment in Body Corporate > Provides Security to any person > Provides Guarantee to any person – Important Note: – The word “person” does not include any individual who is in the employment of the […]

Catalyst consumed in final product cannot be extended exemption available to goods for setting up, running, repair or maintenance of plant

September 6, 2019 870 Views 0 comment Print

Nayara Energy Ltd. Vs C.C. Kandla (CESTAT Ahmedabad) CESTAT Ahmedabad has had held that the catalyst ‘Petromax- MD’, consumed in the final product and not required for setting up of the plant or required for running, repair and maintenance of the plant, was not eligible for the benefit of exemption which provided that the goods […]

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