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Systems glitches on GSTN portal: HC called meeting with GSTN officials

July 10, 2019 7182 Views 0 comment Print

The Court also requests the learned ASG to arrange a meeting in her chamber, at least one week prior to the next date of hearing, of the lawyers appearing on behalf of the Petitioner with the Senior Vice President Of the GSTN and an officer of the level of Additional Secretary in the Department concerned, so that there could be a meaningful interaction with a view to mitigating/ eliminating the outstanding issues.

No section 68 Addition if AO fails to properly verify details available with him

July 9, 2019 1197 Views 0 comment Print

The issue under consideration is whether the Tribunal is correct in upholding the decision of CIT(A) for deleting the addition made under section 68 of the Act?

Initiatives to enhance technology back bone of Income Tax Department

July 9, 2019 1104 Views 0 comment Print

The Government is continuously taking several initiatives to enhance the technology back bone of the Income Tax Department (ITD). ITD is having a dedicated directorate called ‘Directorate of System’ which handles the technology aspects of the various functions of the Department. A brief highlight of the technological developments which are being currently implemented include Centralised […]

ITR 1, 2, 3, 4, 5, 6 & 7 for AY 2019-20 are available for e-Filing

July 9, 2019 64542 Views 14 comments Print

Excel / Java Utility for ITR 1, ITR 2, ITR 3, ITR 4, ITR 5, ITR 6 & ITR 7 for AY 2019-20 / FY 2018-19 are available for e-Filing. Update on 08/07/2019 All Income Tax Return Preparation Software for AY 2019-20 are now available for e-Filing. Update on 04.06.2019 ITR 7 For persons including […]

Benchmarking of royalty payments without adopting any of prescribed methods by TPO was invalid

July 9, 2019 4182 Views 0 comment Print

Where TPO was not convinced with the benchmarking of international transaction of assessee, he should have independently benchmarked the arm’s length price of royalty payment by adopting any one of the prescribed methods which he had failed to do and determined arm’s length price at nil on purely ad–hoc basis without assigning any valid and acceptable reason, therefore, the addition made on account of adjustment made to the arm’s length price of royalty payment was to be deleted.

Transfer of land would be treated as capital asset instead of stock in trade if no construction or business activity carried on same

July 9, 2019 11418 Views 0 comment Print

Where land was stock in trade in the books of account, but, there was a complete bar on assessee as per the Notification of the Ministry of Defence to raise any construction or to do any business activity therein, the land in question could not not be treated as stock in trade but as a capital asset in nature determining holding period from the date of acquisition.

No withholding of refund of tax due to issuance of scrutiny notice

July 8, 2019 1782 Views 0 comment Print

Tata Communications Ltd. Vs DCIT (Bombay High Court) Conclusion: Once a notice under subsection (2) of Section 143 was issued, the suspension of the refund arising out of the return filed by assessee would not be automatic till the passing of the order of assessment under sub-section (3) of Section 143.  Instead AO to take […]

Contributions to unapproved and unrecognized funds allowable as deduction if genuine in nature

July 8, 2019 13785 Views 0 comment Print

Where employer had incurred genuine expenditure for the welfare and the benefit of the employees, contributions to unapproved and unrecognized funds had to be allowed as a deduction.

Sale of software cannot be taxed as Royalty

July 8, 2019 2760 Views 0 comment Print

Payment received by assessee for supply of software products to IBM India Pvt. Limited without giving right to reproduction and commercial exploitation did not fall within the ambit of’ royalty’.

Budget 2019 –M&A impact

July 8, 2019 11865 Views 0 comment Print

Budget 2019 has brought in amendments to the rules governing M&A transactions from a tax perspective – this article provides highlights of proposed changes.

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