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AO has to record his satisfaction before proceeding to make addition u/s 14A

October 10, 2015 1551 Views 0 comment Print

Delhi High Court Held In the case of I.P. Support Services India (P) Ltd vs CIT that AO cannot invoke Section 14A read with Rule 8D (2) without recording his satisfaction and noted that the recording of satisfaction as to why the voluntary disallowance made by the assessee was unreasonable

Valuation as per deeming provision u/s 50C not applicable on mere transfer of rights in land

October 9, 2015 2591 Views 0 comment Print

ITAT Jaipur held In the case of ITO vs. Tara Chand Jain that the right in land cannot be equated with the land or building. Therefore, it is concluded that section 50C is applicable to transfer of capital asset only in respect of land or building or both and is not applicable to right in land. In the present case

Battle on GST: States V/S Centre

October 9, 2015 4378 Views 0 comment Print

Goods and Services Tax (GST), the 122nd Constitutional Amendment Bill, 2014 tabled by Finance Minister Arun Jaitley has already passed in the Lok Sabha. However, due to conflicts between the States and Centre and the reason that the Centre is not having majority in Rajya Sabha;

Brief requirements for Registration under Proposed GST

October 9, 2015 3369 Views 0 comment Print

♠ Separate registration for each state. ♠ Threshold for registration on all India Basis Including Exports and Exempted supplies. ♠ Mandatorily register within 30 days of applicability otherwise no credit for prior period. ♠ Can take voluntary registration even if below threshold limit and once opted would be part of credit chain

Declaration of intent under MEIS Scheme -reg

October 9, 2015 1768 Views 0 comment Print

In light of these circumstances and to address the matter, in exercise of powers conferred under paragraph 1.03 of the Foreign Trade Policy (2015-2020) read with reference to para 3.14 of Handbook of Procedures of FTP 2015-20, the Director General of Foreign Trade hereby allows the following procedure to be followed where exports have been made between 1.4.2015 to 31.5.2015, and where the exporter has inadvertently marked N in the reward item box and wishes to seek MEIS benefits

Expenses having no nexus with earning of income u/s 57 not allowed

October 9, 2015 1157 Views 0 comment Print

ITAT Chennai held In the case of M/s. M.R.M. Plantations P. Ltd. vs. DCIT that u/s 57 only expenditure incurred in connection with earning of income was allowable as deduction. The assessee admitted that the entire income is by way of interest from the bank deposits.

Arrests of Construction Company director for Service Tax Evasion

October 9, 2015 3029 Views 0 comment Print

The Officers of DGCEI, Bangalore Zonal Unit, Bengaluru arrested Shri. Sagar B. Muthappa, Managing Director of M/s. Vasoo Builders Pvt. Ltd. on 09.10.2015. M/ s. Vasoo Builders Pvt. Ltd is a company providing Works Contract Service, which had collected Service Tax to the tune of Rs.3.24 Crores and not remitted the same to the Government Account. Even though the assessee was collecting the Service Tax from his customers/clients, they had failed to remit the same to the Government Account.

Section 50C not applicable on sale of rights in land

October 9, 2015 4345 Views 0 comment Print

ITAT Held in ITO vs Tara Chand Jain that the amendment in sec 50C which inculcates word assessable would have prospective effect from the date of its insertion i.e from 01-10-2009 and would not have retrospective effect on the sale of property before 01-10-2009

Reassessment u/s 147 is void if reasons for reopening not provided despite specific request of assessee

October 9, 2015 1889 Views 0 comment Print

ITAT Jaipur held In case of ACIT vs. Shri M.R. Seetharam that it is mandatory that Assessing Officer should furnish the copy of the reasons recorded for initiation of re-assessment proceedings under Section 147 exactly as it is recorded by the Assessing Officer.

Deduction u/s 54F available on residential house irrespective of size of house used as residence or by whom it is being resided

October 9, 2015 3846 Views 0 comment Print

ITAT Jaipur held In the case of Seema Singh Beniwal vs. DCIT that there is no restriction that what percentage of the size of flat should be used for residential purposes under the Income Tax Act. It is clarified by the CBDT that purchase of plot of land is a part of residential house for claiming of deduction U/s 54F.

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