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Archive: 13 March 2020

Posts in 13 March 2020

Notification No. 17/2020-Income Tax, Dated: 13.03.2020

March 13, 2020 6444 Views 0 comment Print

Central Government hereby specifies that a non-­resident being an Eligible Foreign Investor which operates in accordance with the Securities and Exchange Board of India, circular IMD/HO/FPIC/CIR/P/2017/003 dated 04th January, 2017, shall be deemed as Foreign Institutional Investor (FII) for the purposes of transactions in securities made on a recognised stock exchange located in any International Financial Services Centre (IFSC), where the consideration for such transaction is paid or payable in foreign currency.

Area based exemption under central excise available where new unit successor to previous unit and to adjacent units.

March 13, 2020 3720 Views 0 comment Print

Spring Dells Vs Commissioner of Central Goods & Service Tax (CESTAT Delhi) Conclusion: Assessee was entitled to the area-based exemption for the reason that it was admittedly the successor of the previous unit entitled to the exemption and all the units/sheds were located in one private industrial complex which could be said to be adjacent […]

Reopening in case of previously completed scrutiny cannot be taken up after 4 years

March 13, 2020 3243 Views 0 comment Print

HLG Memorial Hospital Pvt. Ltd. Vs ACIT (ITAT Kolkata) In the reasons supplied to the petitioner, there is no whisper, what to speak of any allegation, that the petitioner had failed to disclose fully and truly all material facts necessary for assessment and that because of this failure there has been an escapement of income […]

No service tax on Independent Buildings having single Residential Unit

March 13, 2020 17103 Views 0 comment Print

Service tax can be demanded under 65(105)(zzzh) only if the building concerned has more than 12 residential units in the building and such levy will not apply in cases where in one compound has many buildings, each having not more than 12 residential units.

Assessee not required to explain sources of money provided by creditor

March 13, 2020 3021 Views 0 comment Print

The assessee is only required to explain the source of the credit. There is no requirement under the law to explain the source of the source. The fact that the source of the source is suspect and that the creditor had no regular source of income to justify the advancement of the credit to the assessee does not mean that an addition can be made in the hands of the assessee

HC clarifies on Section 254(2) limitation period for filing rectification application

March 13, 2020 6531 Views 0 comment Print

PCIT Vs ITAT (Bombay High Court) From a careful reading of the provision, it is seen that Tribunal is vested with the power to rectify any mistake apparent from the record to amend any order passed by it under sub-section (1) of Section 254 at any time within six months from the end of the […]

Validity of Order passed by ITAT and Reliance on decisions

March 13, 2020 1485 Views 0 comment Print

Bhavya Construction Co Vs ACIT (Bombay High Court) Section 254(1): The basic grievance of the Appellant is that the impugned order of the Tribunal has been passed in breach of principles of natural justice. This for two reasons, one the decisions relied upon by the Tribunal of its own (not cited at the bar) in […]

Credit worthiness cannot be doubted merely for meager income | Section 68 | Bogus share capital

March 13, 2020 2094 Views 0 comment Print

The assessee had furnished PAN, copies of the income tax returns of the investors as well as copy of the bank accounts in which the share application money was deposited in order to prove genuineness of the transactions. In so far credit worthiness of the creditors were concerned, the bank accounts of the investors showed that they had funds to make payments for share application money.

On mere change of opinion, the concluded assessment cannot be reopened

March 13, 2020 1620 Views 0 comment Print

Akshaya Souharda Credit Cooperative Limited Vs ITO (ITAT Bangalore) The issue under consideration is whether A.O. is correct in re-opening of assessment based on the same material on which he relied at the time of assessment u/s 143(3)? The assessee is a co-operative engaged in providing credit facilities to its members. The assessee filed its […]

All About Direct Tax Vivad Se Vishwas Scheme, 2020

March 13, 2020 50868 Views 8 comments Print

(I) Introduction: In recent time, Government has taken several measures to reduce tax litigations. In Finance Act (No. 2) of 2019, a dispute resolution cum amnesty scheme called “the Sabka Vishwas Legacy Dispute Resolution Scheme, 2019” has been introduced for resolution and settlement of legacy cases of Central Excise and Service Tax, which was operated […]

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