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Loss on premature cancellation of forward contract is business loss

April 1, 2019 3534 Views 0 comment Print

Assessee sufficiently proved that the loss incurred on premature cancellation of forward contract was a ‘business loss’ inasmuch as the same was incurred in the course of carrying on of the business

Reassessment notice based on Competent Authority approval without application of mind is invalid

April 1, 2019 2643 Views 0 comment Print

Since the approval granted by Pr. CIT to AO for reopening of assessment was clearly without application of mind and was not as per the mandate of the provision of section 151, therefore, notice issued u/s 148 on the basis of such approval and consequent assessment made on the basis of such notice were bad in law and deserved to be quashed.

Keyman Insurance Policy Proceeds taxable on receipt basis

April 1, 2019 3672 Views 0 comment Print

The provisions of section 2(24)(xi) read with section 28(vi), it is evident that the amount of bonus on Keyman Insurance Policy is to be taxed on receipt basis only.

ICAI panel to answer queries related to Bank Branch Audit

April 1, 2019 6177 Views 1 comment Print

AUDITING AND ASSURANCE STANDARDS BOARD CONSTITUTES EXPERT PANEL FOR ADDRESSING BANK BRANCH AUDIT RELATED QUERIES FOR THE FINANCIAL YEAR 2018-19  Dear Members, The bank audit season is around the corner. Given the fact that the banking industry is typical in terms of its geographical and customer spread, the volume and varied nature of products and […]

CBDT notifies ITR for A.Y. 2019-20 / F.Y. 2018-19

April 1, 2019 22650 Views 1 comment Print

CBDT notifies Form Sahaj (ITR-1), Form ITR-2, Form ITR-3, Form Sugam (ITR-4), Form ITR-5, Form ITR-6, Form ITR-7 and Form ITR-V for A.Y. 2019-20 / F.Y. 2018-19 vide Notification No. 32/2019 dated 1st April, 2019. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) Notification No. 32/2019 New Delhi, the 1st April, 2019 […]

Validity of ITR filed prior to 01.04.2019 without quoting of Aadhaar

March 31, 2019 2607 Views 0 comment Print

Returns which were filed prior to 01.04.2019 without quoting of Aadhaar number as an outcome of any decision of different High Courts in a specific case or returns which were filed during the period when the online functionality for filing the return without quoting of Aadhaar number was so available

Rectification application of assessee not to entertained in case assessee’s conduct was speculative

March 31, 2019 2955 Views 0 comment Print

PCIT Vs N. R. Portfolio (Delhi High Court) Conclusion: The conduct of the assessee was speculative, it was not an uninformed litigant; it calculatedly chose not to question the rejection of its cross objection. Instead, waited more than a year after the decision of this court (which was rendered on 21-12-2012) till the two members […]

Addition can be made without issuing notice u/s 153C separately in case both assessee and his brother lived in same building

March 31, 2019 1200 Views 0 comment Print

Where both searched assessees were brothers and were involved in the common business and assessee used to be in-charge of the accounts, there was no necessity of issuing notice under Section 153C separately to assessee in case they lived separately, but in the same building.

Exemption U/s. 54 cannot be disallowed just because exemption was claimed U/s. 54F

March 31, 2019 4578 Views 0 comment Print

Deduction under section 54 was allowable on purchase of flats as merely because assessee, by ignorance of law or mistake, had claimed deduction under section 54F instead of section 54, such ignorance of law/mistake on the part of assessee could not be utilized to its disadvantage by AO.

Special audit justified only if AO forms opinion that same is in interest of revenue

March 31, 2019 1779 Views 0 comment Print

Requirement of the formation of the opinion as to the special audit being in the interest of the Revenue continues to apply before and after the amendment. Nevertheless, the basic essential requirements of exercising the powers have been substantially widened by the legislature by way of such amendment.

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