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Archive: 25 March 2023

Posts in 25 March 2023

Partnership firm can be formed by partners represented by their respective firms

March 25, 2023 8163 Views 0 comment Print

ITAT Raipur held that there is no bar on an individual to join a partnership firm in his representative capacity of a firm being represented by him. In short, partnership firm can be formed by partners represented by their respective firms.

Computing Profits and Gains of Business on Presumptive Basis

March 25, 2023 4488 Views 0 comment Print

Explore the computation of profits and gains of business on a presumptive basis under Section 44AD of the Income Tax Act, 1961. Understand the eligible criteria, conditions for presuming business profit at 6%, and the types of businesses that qualify. Know who is an eligible assessee, what constitutes an eligible business, and the provisions for continuity. Learn about the exceptions, implications of discontinuation, and the documentation and auditing requirements for eligible assesses.

Long Term Tax benefits removed from Debt Mutual Funds & its consequences

March 25, 2023 10158 Views 0 comment Print

It has been proposed that investments in mutual funds on or after 01/04/2023 where not more than 35% is invested in equity shares of an domestic companies (i.e. debt funds, international funds and gold funds) will now be deemed to be short term capital gains like Market Linked Debentures i.e. it will be liable to be taxed as per slab rate.

Concept and Importance of Advisory Shares

March 25, 2023 11778 Views 0 comment Print

Unlock the concept and significance of Advisory Shares in India Learn about their provisions, how they attract professionals, align interests, and conserve cash for start-ups and early-stage companies. Understand the importance and regulatory considerations before issuing advisory shares.

MOOWR Scheme: A Must For Manufacturers to Save 1% – 3% of Cost

March 25, 2023 38313 Views 2 comments Print

Unlock significant cost savings with the MOOWR (Manufacturing & Other Operations in Warehouse) Scheme! Explore the benefits, implementation, and how manufacturers can save 1% – 3% of costs through this insightful guide.

Purchases cannot be held bogus merely based on inference from circumstances

March 25, 2023 5889 Views 0 comment Print

ITAT Delhi held that unless there was specific material collected to rebut the submissions of assessee then merely on basis of inference from the circumstances, the purchase could not have been held to be bogus.

Reassessment only because of difference in opinion of valuation as adopted by assessee is untenable

March 25, 2023 1518 Views 0 comment Print

Bombay High Court held that only reason for re-assessment proceedings under section 148 of the Income Tax Act is adoption of different opinion on the question of valuation as against the one adopted by petitioner. Accordingly, such re-assessment proceedings is liable to be quashed and set aside.

AO doesn’t have power to change method of share price determination from DCF to NAV

March 25, 2023 1398 Views 0 comment Print

ITAT Chennai held that AO is free to examine the method through which the share price is determined. However, AO doesnot have power to change the method from discounted cash flow (DCF) as followed by assessee to Net Asset Value (NAV).

Claim of enhanced amount of carry forward loss in revised return filed within time permitted u/s 139(5) allowable

March 25, 2023 6924 Views 0 comment Print

ITAT Pune held that once a revised return is filed within the time permitted u/s.139(5), it substitutes the original return in all respects. Accordingly, claim of enhanced amount of carry forward of loss vide revised return is allowable.

No addition/ disallowance u/s 153C without incriminating material found during third person search

March 25, 2023 3039 Views 0 comment Print

ITAT Mumbai held that no additions or disallowances can be made u/s. 153C of the Income Tax Act in absence of any incriminating material found during the search on a third person.

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