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Section 271AAB Penalty justified if surrendered stock was unaccounted

July 26, 2019 2562 Views 0 comment Print

Penalty under section 271AAB was justified as the surrender had been made on account of discrepancy /shortage in stock which had not been accounted for by assessee and the same was therefore rightly been held to qualify as “ undisclosed income” as per the definition in section 271AAB.

Depreciation @ 25% on toll way rights treating as intangible asset allowable

July 26, 2019 2526 Views 0 comment Print

ITAT held that CIT(A) rightly directed Assessing Officer to allow the assessee’s claim of depreciation @ 25% treating the toll way rights as an intangible asset under section 32(1)(ii) of the Income Tax Act, 1961.

Misuse of Total Loss Accident Vehicle Documents over Stolen Vehicles

July 26, 2019 3516 Views 0 comment Print

If a motor  vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward to the authority the certificate of registration of the vehicle.

No power with CIT(A) to dismiss appeal for non-prosecution

July 26, 2019 2355 Views 0 comment Print

CIT(A) erred in dismissing assessee’s appeal  and passing a non-speaking order on each of the points which arose for his consideration, therefore, CIT(A) was directed to pass denovo order as per law, in accordance with Sections 250 and 251 for fresh disposal of appeal filed by assessee.

Holding Period for LTCG: Allotment Date Vs. Date of execution of agreement

July 26, 2019 3177 Views 0 comment Print

Where allotment as well as execution of the agreement did not vest two different capital assets in the hands of the assessee which got exchanged with each other upon execution of the agreement rather the event of allotment as well as execution of agreement was part & parcel of the same transaction and only an improvement in ownership rights held by assessee in the flat, therefore, period of holding had to be taken from the date of allotment and the resultant gains earned by assessee would be LTCG only.

Bogus LTCG Addition not sustainable if AO fails to disprove claim of Assessee

July 26, 2019 1650 Views 0 comment Print

Where assessee had furnished relevant evidences such as copies of bank statement, demat account, share purchase documents and share certificate., etc., to prove its bogus long-term capital gain on sale of shares and no adverse material had been brought on record by AO to disprove the claim of assessee, addition made under section 68 on account of unexplained credit could not be sustained.

Insight on Companies (Amendment) Ordinance, 2019, as introduced in Lok Sabha

July 26, 2019 1506 Views 1 comment Print

Companies (Amendment) Ordinance, 2019 (Bill) is introduced to replace the second ordinance. Earlier, a bill to replace the first ordinance, the bill which passed in Lok Sabha in January 4, 2019 and which could not get through in Rajya Sabha, and hence the second ordinance was promulgated in February 21, 2019.

Share capital addition with premium on mere surmises / conjectures unjustified

July 26, 2019 1800 Views 0 comment Print

Addition under section 68 made by AO of the entire share capital and premium received during the year  on the basis of negative observation about availability of funds with share applicant was unjustified as the share applicant was the sister concern of assessee, from whom similar share application with premium were received in the earlier year and the balance sheet of the share applicant showed ample source of funds.

IFRS 9 Financial Instruments: Transition Impact on Banks Across Globe

July 26, 2019 1236 Views 0 comment Print

In the first decade of new millennium the world witnessed unprecedented global financial crisis with severe adverse impact on many economies. Unlike previous crisis, large internationally active Banks from advanced economies were at the epicentre of the crisis. The crisis impact was felt across the globe, calling for urgent and unified remedial action by global […]

MCA Updates on eForm DIR-3 KYC & LLP Forms

July 26, 2019 12831 Views 1 comment Print

1. Please be aware that the Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019 have been notified w.e.f 25th July 2019. As per the said notification: i) eForm DIR-3 KYC is to be filed by an individual who holds DIN and is filing his KYC details for the first time or by the […]

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