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Archive: 05 March 2020

Posts in 05 March 2020

Section 68 addition justified for unexplained LTCG from penny stock

March 5, 2020 3459 Views 0 comment Print

Addition of long-term capital gain against an investor who invested in a penny stock company in connection with the penny stock scam involving Rs. 36,000 Crores was upheld as additions made on account of detailed enquiries being carried out by Kolkata Investigation Directorate with regard to 84 penny stocks company as well as SEBI and no new facts or circumstances had been placed on record by assessee and the orders passed by the revenue authorities had also gone unrebutted.

No transfer on acquisition of own property by assessees in the names of their childrens

March 5, 2020 1008 Views 0 comment Print

Thus, it is seen that there is actually no sale of property by the assessees before us and the Sale Deed has been executed by the original owners through GPA holders to the children of assessees. Therefore, in my opinion, there is no transfer of property by the assessees in fact it is acquisition of property by the assessees in the names of their children and it is not the case of transfer or gain on sale of property.

Section 80P(2)(d) deduction allowable on Other Interest Income apart from 10% Net Profit Transferred to Reserved Fund

March 5, 2020 4275 Views 0 comment Print

PCIT Vs Electro Urban Co-Operative Credit Society Ltd. (Calcutta High Court) The issue under consideration is whether interest on deposits/securities, which strictly speaking accrues to the members’ account, could be taxed as business income under section 28 of Income Tax Act, 1961? Supreme Court said, such interest income would come in the category of income […]

LLP Settlement Scheme 2020 for Defaulting LLPs

March 5, 2020 10164 Views 0 comment Print

LLP settlement scheme-2020- Defaulting LLPs Can Breathe A Sigh Of Relief!!!! Ministry of Corporate affairs vide its General Circular No. 6/2020‘ dated 04th March, 2020 notified ‘LLP settlement Scheme, 2020′. Article explains LLP Settlement Scheme-2020 in a Nutshell with FAQs. > LLP Settlement Scheme-2020 in a Nutshell: Legal provision: The Central Government in exercise of its […]

LLP Settlement Scheme, 2020 – A welcome move for LLPs

March 5, 2020 1656 Views 0 comment Print

The Central Government in exercise of its powers under Section 460 of the Companies Act, 2013 decided to introduce a scheme called “LLP Settlement Scheme, 2020” to grant the defaulting Limited Liability Partnership (LLP), a one-time window to condone the delay in filing of some statutorily required documents with Registrar. Ministry of Corporate Affairs (MCA) […]

No section 68 addition for loan transaction with father on mere suspicion

March 5, 2020 1161 Views 0 comment Print

The issue under consideration is that confirming the addition made u/s 68 by A.O. in respect of the loan taken from father of the appellant on mere suspicion.

GTA Service: AAR cannot rule on ‘procedure’ which applicant can follow

March 5, 2020 2442 Views 0 comment Print

In re Liberty Translines (GST AAR Maharashtra) The second question raised by the applicant is whether Applicant would be right in charging GST @12% under Forward Charge mechanism to POSCO in terms of Notification No 20/2017-Central Tax (Rate) 2017 dated 22 August, 2017 when POSCO as the main contractor is already charging GST @12% under the […]

LLP Settlement scheme 2020- 7 FAQs

March 5, 2020 843 Views 0 comment Print

LLP Settlement scheme 2020, FAQ on 4 FORM and Rs. 5000 Maximum Late fees. 1. Who Can avail LLP Settlement scheme 2020? Any LLP which is active and which has not filed an application in Form 24 for striking of their name from the registrars as per provisions of Rule 37(1) of the LLP Rules, […]

GST on shifting / erection of electrical lines for Main Contractor of NHAI

March 5, 2020 7404 Views 0 comment Print

In re Gaurish Sharma (G K Enterprises) (GST AAR Rajasthan) Applicant is proposing to submit a bid for shifting / erection of electrical lines only to M/s Sadbhav Jodhpur Ring Road Pvt. Ltd who is the main Contractor of NHAI. Thus the activity to be carried out by the applicant is restricted to shifting / […]

Bogus Billing & Fake E-Way Bills: HC sustains Provisional Bank Account attachment Order

March 5, 2020 2910 Views 0 comment Print

The issue under consideration is whether the order for provincial attachment of bank accounts against bogus billing and fake generation of E-­Way bills without the actual physical movement of goods is justified in law?

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