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Retiring partner to pay capital gain tax on excess amount received against Capital A/c

May 3, 2019 34071 Views 0 comment Print

Savitri Kadur Vs DCIT (ITAT Bangalore) Conclusion: When the partnership firm paid lump-sum amount to retiring partner, it was paid in consideration of her retirement in the partnership and assignment of her interest to other partners, the transaction would amount to transfer u/s 2(47) and liable to tax excess amount over partner’s capital account under […]

CBDT Rectifies notification amending Income Tax Form 16

May 3, 2019 3363 Views 0 comment Print

CBDT amends notification no. Notification No. 36/2019 by which CBDT notified detailed format of Salary Certificate | Form No. 16 | Form No. 24Q. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) Notification No. 38/2019 New Delhi, the 3rd May, 2019 G.S.R. 347(E).—In the notification of the Government of India, Ministry of […]

Interest on I-T Refund cannot be denied for Mistake committed by assessee

May 2, 2019 3372 Views 0 comment Print

Pr. CIT Vs State Bank of India (Bombay High Court) The Assessing Officer has been given no discretion in the matter of granting interest. The amount of interest has to be paid to an assessee in terms of Section 244A of the Act. The only limitation provided therein under Section 244A of the Act is […]

No addition for unabated assessment unless incriminating materials unearthed during search

May 1, 2019 2403 Views 0 comment Print

No addition could  be made under section 153A for an unabated assessment unless incriminating materials unearthed during search qua the assessment year under consideration. 

Omission by auditor Reasonable Cause for delay in claiming Refund

May 1, 2019 2541 Views 0 comment Print

G.V. Infosutions Pvt. Ltd Vs DCIT (Delhi High Court) The rejection of the petitioner’s application under Section 119(2)(b) is only on the ground that according to the Chief Commissioner’s opinion the plea of omission by the auditor was not substantiated. This court has difficulty to understand what more plea or proof any assessee could have […]

Delhi VAT on electrical equipment used in generation & distribution of electricity, supplied to DlSCOM

May 1, 2019 978 Views 0 comment Print

The DlSCOMs provided certificates to the assessees, stating that supplies made by Schneider to DlSCOMs need not be included in the taxable turnover being valid deduction allowed under the Act read with Rule 11 of the DST Rules. Schneider (as well as other assessees in appeal, in this batch) claimed the exemption under the said Rule 11 (XII) for the relevant period for such sales made to DlSCOMs. The assessees complied with the provisions of Rule 11 (XII) and submitted the certificates issued by the said companies.

Update on Annual Return Form GSTR-9A / GSTR-9C as on 30/04/2019

May 1, 2019 5682 Views 1 comment Print

Recently, offline utility for preparing Annual Return Form GSTR 9A and Form GSTR 9C, were deployed at GST Portal. The Excel based offline tools are designed to help taxpayers to prepare GSTR 9A return & GSTR 9C return offline, without the use of internet. The tool also contain the instructions for entering data against each table.

CBDT to share ITR Data with GSTN

April 30, 2019 22071 Views 2 comments Print

CBDT  hereby directs that Principal Director General of Income-tax (Systems) or Director General of Income-tax (Systems), New Delhi shall be the specified income-tax authority for furnishing information respecting  assessees to the Nodal Officer, GSTN.

No service tax on amount received from BCCI towards prize money

April 30, 2019 4794 Views 0 comment Print

CCE & ST Vs L. Balaji (CESTAT Chennai) Conclusion: Cricket players were not liable to pay service tax on the amount received from the franchise as the money was not given by the franchise, rather it was the money received from BCCI directly for winning and not towards any services. Held: Revenue proceeded against the […]

Tax reference can be filed in Hindi accompanied with authentic English version

April 30, 2019 2154 Views 0 comment Print

A petition under Article 226 and 227 of the Constitution of India or a tax reference can be filed in Hindi but it will have to be accompanied by an English version as well which shall be the authentic version of the petition for all legal purposes so long as the Notification dated 9th of May 1972 stands. 

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