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Service Tax will not form part of aggregate amount for section 44BB

August 10, 2020 1272 Views 0 comment Print

The issue under consideration is whether amount of service tax being statutory levy, received by assessee from its customers was to be included in calculating the aggregate amount referred to in sub-section (2) of Section 44BB of the Act?

SC dismisses plea challenging exclusion of CM Relief Fund from CSR

August 10, 2020 1986 Views 0 comment Print

The Supreme Court dismissed the petition filed by the assessee challenging decision of Central Government to excluding Chief Minister’s Relief Fund from the purview of Corporate Social Responsibility (CSR).

60% depreciation eligible on UPS as Part of Computer & Peripherals

August 10, 2020 17640 Views 0 comment Print

The issue under consideration is whether the UPS is considered as essentially part of computer system and depreciation at rate of 60% charged on it?

Unabsorbed depreciation can be Carried Forward even if ITR Not filed within Due date

August 10, 2020 37695 Views 1 comment Print

Addl. CIT Vs Nortel Networks India Pvt. Ltd (ITAT Delhi) The issue under consideration is whether the Unabsorbed depreciation can be carried forward even if Income Tax Return has not been filed within period of Due date? ITAT states that, the assessee filed return beyond the due date prescribed u/s 139(1) of the Act. In […]

Receipt on Surrender of Tenancy/Sub-tenancy Rights Not Taxable as Capital Gains

August 10, 2020 56373 Views 1 comment Print

Yogini Mohit Sahita Vs ITO (ITAT Mumbai) The issue under consideration is whether amount received on surrender of such tenancy/sub-tenancy rights would be taxable as capital gains? In the instant case, Smt. Saraswati Vithaldas Sahita occupied the said flat at 2nd floor of the building known as Gangasagar on license basis. This is crystal clear […]

Assessment reopening based on Wrong Appreciation of Facts is unsustainable

August 10, 2020 1599 Views 0 comment Print

The issue under consideration is whether the re-opening of assessment u/s 147 on the basis of wrong appreciation of facts can be sustained in law?

No Section 271F Penalty if Reasonable Cause exists for Non Filing of ITR

August 10, 2020 52551 Views 0 comment Print

The issue under consideration is whether the Penalty u/s 271F will be levied for non filing of Income Tax Return even in case of reasonable cause?

Belated Filing of Income Tax Return for AY 2019-20

August 9, 2020 228813 Views 46 comments Print

If the return could not have been filed within the above due dates even then the same can be filed validly as a belated return within the time limit prescribed U/s. 139(4) of the Act. Under section 139(4) a belated return can be filed before the expiry of one year from the end of relevant assessment year or before the completion of assessment whichever is earlier.

GST Portal capacity increased to 3 Lakh users from 1.5 Lakh

August 8, 2020 8178 Views 0 comment Print

Recent Enhancement made and Defects Fixed on GST Portal 1. For Tax Payer  Registration: Submission of non-core amendment application, without a zip code, in case the authorized signatory who is not an Indian, will not be allowed on GST Portal. The message – “Please file all the pending returns till before submission of application for […]

23 CBDT Circulars to Reduce Litigation 

August 8, 2020 5943 Views 1 comment Print

CBDT Circulars CBDT Circulars to Reduce Litigation  S.No. Section of Income Tax Act Circular No. & Date Summary of Circular 1 2(22)(e) Circular No.19/2017 [F.No.279/ Misc./140/2015/ITJ], Dated 12-6-2017 Trade advances, which are in the nature of commercial transactions, would not fall within the ambit of the word ‘advance’ in Section 2(22)(e) of the Act 2 […]

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