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Postpone last date for filing GST returns in Form GSTR 9, 9A & 9C

June 14, 2019 133893 Views 55 comments Print

Postpone the last date for filing yearly returns in Forms GSTR 9,GSTR 9A and GSTR 9C or withdraw it completely, at least for the FY 2017-18

Carry forward of excess of expenditure over income allowable in case of trust

June 13, 2019 27609 Views 0 comment Print

Assessee-trust was entitled to claim excess expenditure over income being deficit to be carried forward for setting it off in subsequent years as income derived from  trust property had  to be computed on commercial principles and if commercial principles were applied then adjustment of expenses incurred by trust for charitable and religious purposes in  earlier years against income earned in subsequent year would be regarded as application of income in the subsequent year having regard to  benevolent provisions contained in section 11 and such adjustment would be excluded from  income of the trust under section 11(1)(a).

Rental income of developer cum builder to be taxed as house property income instead of business income

June 13, 2019 4236 Views 0 comment Print

Nature of income which had been rental earning from the house property would not change just because it had been received by assessee-company formed with the object of carrying out business as builder and developer, therefore, AO had, rightly assessed the rental receipts under the head Income from house property.

Sec. 54 exemption cannot be denied for non-filing of Income Tax Return

June 13, 2019 8637 Views 0 comment Print

Assessee was entitled to claim long term capital gain exemption under section 54 on sale of property and the same could not be denied on the ground that income tax return was not filed declaring such income.

Reassessment after 4 years where assessee made true and full disclosure in original assessment was not valid

June 13, 2019 2142 Views 0 comment Print

Reassessment after period of four years on the ground that assessee had claimed excess deduction under Section 80IB(10) was not valid where assessee had made true and full disclosure and had consciously made only a proportionate claim under Section 80IB(10), which was rightly allowed by AO at the time of original assessment proceedings under Section 143(3).

SEIS under FTP

June 13, 2019 21129 Views 3 comments Print

The benefit under the SEIS is admissible on Mode 1 and Mode 2 services. Major services covered would include Legal, Accounting, Architectural, Engineering, Educational, Hospital services, Hotels and restaurants and other business services.

Depreciation on non ­compete fee payment treating it as an intangible asset

June 12, 2019 2916 Views 0 comment Print

Recently in the DCIT vs. Compass Group (India) Support Services P. Ltd.  ITAT Chennai decided on 12.06.2019, one of the ground taken by Revenue in the appeal was that the Learned CIT(A) has erred in providing relief to the assessee by holding that the appellant was entitled to depreciation on non ­compete fee as an intangible asset under Section 32( l)(ii) of the Income Tax Act, 1961 (hereinafter referred in short as the Act).

Penalty Notice cannot be challenged merely for issue in Template manner

June 12, 2019 1671 Views 0 comment Print

Issuing of show cause notice in a template-like manner  cannot be challenged on basis that it was not clear as to whether the same had been issued for concealing particulars of income’ or furnishing of inaccurate particulars’ of such income merely by reason of mistake or defect i.e., mistake or defect of issuing it in a template and not scoring of the relevant ground and leaving out the applicable ground.

Arresting MD under GST evasion : Whether Legal?

June 12, 2019 23547 Views 0 comment Print

Though the matter of pre-arrest bail is pending before the Hon’ble Supreme Court in Union of India Vs Sapna Jain & Ors and has been discussed in detail in our previous article Jail Over Bail Under GST: Dilemma?. This article discuses the various requirements of the law to be considered while resorting to arrest the head of the Company. The authors try to analyse the criminal liability under various laws vis-à-vis Companies Act, 2013 the parent law for evolving corporate criminal jurisprudence.

Income Tax Department strikes again in J&K Region

June 11, 2019 909 Views 0 comment Print

The Income Tax Department conducted search and seizure operations today on a prominent business group based in Srinagar, covering 8 premises in Srinagar and 1 each at Bangalore and Delhi. The assessee group is engaged in the business of transportation, manufacturing of silk yarn, hospitality, retail trading of Kashmir Arts & Crafts etc.

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