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Cabinet approves Banning of Unregulated Deposit Schemes Ordinance, 2019

February 19, 2019 1269 Views 0 comment Print

Cabinet approves Promulgation of the Banning of Unregulated Deposit Schemes Ordinance, 2019 The Union Cabinet chaired by Prime Minister Narendra Modi has approved the Promulgation of Unregulated Deposit Schemes Ordinance, 2019. Benefits: The proposed Ordinance will immediately tackle the menace of illicit deposit taking activities in the country launched by rapacious operators, which at present […]

Reassessment without disposing of assessee’s objection is invalid

February 19, 2019 3153 Views 0 comment Print

Order of reassessment passed without disposing off the objection raised by assessee was invalid as assessee was entitled to raise objection against the reason given in reassessment notice and AO was under mandate to dispose of the same by a speaking order before proceeding to reassess the assessee’s income.

S. 195 TDS deductible on property purchase payment to GPA of NRI

February 19, 2019 10935 Views 0 comment Print

Shri Bhagwandas Nagla Vs ITO (International Taxation) (ITAT Hyderabad) Conclusion: TDS under section 195 was to be deducted in case payment for purchase of immovable property made to GPA (general power of attorney) holder of non-residents because, at best, GPA holder could be considered as only a conduit between assessee and the owners of property […]

STCG or LTCG on transfer of ESOP options depends on holding period

February 19, 2019 2742 Views 0 comment Print

Gain arising on transfer of ESOP options should be taxed as long term capital gains where the holding period was more than 3 years as assessee acquired a valuable and transferable right and the right of share constituted capital assets from the date of grant.

No Disallowance U/s. 40A(2) if Personal Tax already paid on Remuneration

February 18, 2019 4140 Views 0 comment Print

Payment of high remuneration to Directors cannot be disallowed by treating the same as a tool to shift profits to evade tax when the Directors have already offered the income for tax through their personal returns.

FMV as on Date of Sale Agreement is Relevant for Section 50C

February 18, 2019 4356 Views 0 comment Print

Provision of section 50C is applicable as on the date of execution of sale agreement and accordingly the fair market value of the property as on the date of sale agreement is to be taken.

HC grants conditional anticipatory bail in fake invoice Case

February 18, 2019 2721 Views 0 comment Print

High Court in the case of assessee had held that by taking into consideration the gravity of the offence and punishment which was liable to be involved where assessee was indulged in issuing fake invoices without actual supply of goods with an intention to fraudulently avail the input tax credit, accused assessee’s were given anticipatory bail for the offence punishable under Section 137 of GST Act, 2017 subject to certain conditions.

Ragging A Barbarous Practice – Gujarat HC

February 18, 2019 822 Views 0 comment Print

In the present case, the writ was filed by one of the student involved in the ragging who was suspended from the current academic year by the disciplinary committee of the institution. In the writ the student plead that being the bright student such suspension would ruin his future.

Valuation for Share Premium on Preference share cannot be made on mere suspicion

February 18, 2019 12465 Views 0 comment Print

DCIT Vs Piramal Realty Pvt. Ltd. (ITAT Mumbai) We have considered the issue and find that this section does not cover section 68 of the Act. Thus, the Legislature does not envisage any sort of valuation for the purpose of section 68 of the Act. Indeed, valuation of preference shares is a completely different exercise […]

No Penalty under Section 271(1)(c) in absence of any Concealment

February 18, 2019 11580 Views 0 comment Print

Assessee provided details of deposits and source from where the deposits have been made in the bank account. Only the relevant parties were not presented to establish the genuineness of the transaction and the same cannot lead to concealment.

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