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Case Law Details

Case Name : ACIT Vs Shri Finance (ITAT Delhi)
Related Assessment Year : 2010-11
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ACIT Vs Shri Finance (ITAT Delhi) Quantum or total number of transactions may not be determinative but in a given case, keeping in view the period of holding may indicate intention to make investment. We also find that CBDT Circular no. 6 dated 29.02.2016 also comes to the aid of the assessee wherein it has been clarified by the CBDT that where the assessee treats the securities as investment and not has stock-in-trade in earlier years, the revenue is not permitted a contrary view. It is evident from this Circular that CBDT has given instructions to the Assessing Officers to treat capital gain...
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5 Comments

  1. R.K. Verma says:

    The Tax Payers should have facility on GST portal so that they may file their GSTR-3B Returns with ITC available to them on due date at first. Secondly, Balance GST to be paid in Cash with interest may also be considered as facility to be given to the Tax Payers. During Pre-GST regime interest was charged only on Tax/duties paid in cash. There was facility to debit the Cenvat on last day of the month and interest was being collected or charged by the authorities on duties/tax paid in cash only. In my opinion, Section 50 should be amended accordingly..

  2. Anandsagar says:

    Dear Sir,

    ITC wrongly availed but not ustilised for any purpose of evading the tax, even after wrongly availement of ITC we have sufficient balance in Electronics Credit Ledger, is it attracts interest please guide in this regard.

  3. Premkumar says:

    There is no provision to make payment before filing GSTR-3B. This is a glitch in GSTN. Then how can they ask for this interest liability? It is not fare.

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