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Archive: 12 March 2020

Posts in 12 March 2020

Admission in Balance Sheet – Mere Statutory Compliance or Admission of Debt?

March 12, 2020 5253 Views 2 comments Print

Recently, a three judge bench of NCLAT in V. Padmakumar vs. Stressed Assets Stabilisation Fund (SAFS) & Anr. considered the issue that ‘whether admission of debt in balance sheet would amount to acknowledgement of debt which would further amount to extension of period of limitation as per Section 18 of the Limitation Act, 1963 (Limitation Act)’.

Necessity of investigation for system failure on mis-declaration of POS, MPOS devices and evasion of customs duty

March 12, 2020 2451 Views 0 comment Print

Chief Commissioner of Customs was directed to consider whether it should be necessary to cause a vigilance enquiry on the system failure to determine how the consignments were cleared when there were so many mis-declaration in description as well as classification of the imported Point of Sale Devices (POS) and Mobile Point of Sale Devices (MPOS) and evasion of customs duty.

HC Quashes section 276C(2) Prosecution as Tax dues were subsequently paid

March 12, 2020 3483 Views 0 comment Print

 It was admitted in the counter-affidavit itself that the assessee had cleared the dues and as on date no tax dues were payable in respect of previous financial years. Inasmuch as the tax has been subsequently paid, continuance of the impugned prosecution under section 276C(2) would only amount to an abuse of legal process.

Sanction of Walmart’s acquisition of Flipkart by CCI was justified

March 12, 2020 3495 Views 0 comment Print

: In absence of any prime facie opinion framed, that the combination of Walmart-Flipkart was likely to cause or had caused appreciable adverse effect on the competition within the relevant market in India, the sanction of of Walmart’s acquisition of Flipkart by Competition Commission of India (CCI) was justified.

Demand for Cost Recovery Charges was non sustainable

March 12, 2020 5337 Views 0 comment Print

Since no services were being specially provided by the customs officials to the custodians at a customs port or customs airport, to enable them to collect any fee, from such a custodian thus, High Court not only set-aside the demand of Cost Recovery charges but even held that Regulation 5(2) of Regulation 2009 was illegal.

Mere statement without backing of credible evidences not justifies addition

March 12, 2020 2853 Views 0 comment Print

Statements recorded during the course of survey proceedings would not have much evidentiary value unless the same were backed by credible evidences. Assessee could not prove the source and nature of transactions, the stated amount was added to the income of the assessee u/s 68 and the original return was processed u/s 143(1) and the only requirement in law to trigger assessment was that AO had certain reasons to believe that certain income escaped assessment in the hands of the assessee.

Law Tax effect Circular- Income Tax Intelligence Wing is part of I-T Department

March 12, 2020 2964 Views 0 comment Print

ITO Vs Shri Habib Khan (ITAT Jaipur) The exception 10(e) of of Circular no. 03 of 2018 dated 20-08.2018 which has been referred by the ld DR relates to cases where addition is based on information received from external sources in the nature of law enforcement agencies such as CBI/ ED/ DRI/ SFIO/ Directorate General […]

Steps taken by DFS related to Disruption on account of Corona Virus

March 12, 2020 666 Views 0 comment Print

All Public Sector banks(PSBs) have been advised: i) to immediately set up special cells to provide full assistance required to industry segments and MSME units affected by Corona Virus and to process such request for assistance with the requisite sensitivity;

Last date to file MGT-7 and AOC-4 in J&K & Ladakh extended to 30.06.2020

March 12, 2020 681 Views 0 comment Print

It has been decided to further extend the due date for filing of e-forms AOC-4, AOC-4 (CFS) AOC-4 XBRL and e-form MGT-7 upto 30.06.2020, for companies having jurisdiction in the UT of J&K and UT of Ladakh without levy of additional fee.

Common Mistakes In Declaring Business Income U/S 44AD In Income Tax

March 12, 2020 28953 Views 5 comments Print

Individual, HUF and Partnership firm, whose annual turnover does not exceed Rs. 2 crores, are given an option to pay tax by declaring business income under presumptive basis i.e. minimum 8% of the business turnover shall be treated as the net profit and thereafter, the tax shall be payable as per the applicable tax rate […]

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