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TDS deductible on transponder fees paid to non-resident

March 25, 2019 1896 Views 0 comment Print

Viacom 18 Media Pvt. Ltd. Vs Asst. Director of Income Tax (ITAT Mumbai) Assessee is liable to deduct TDS on the transponder fees paid to non-resident Facts – Assessee has leased transponder on satellites owned by Measat, Malaysia and rentals were paid to Measat on monthly basis. As per transponder lease agreement, taxes, if any, […]

A Roadmap for a Global Asset Registry: ICRICT new paper

March 25, 2019 987 Views 0 comment Print

A Roadmap for a Global Asset Registry- Measuring and tackling inequality: Curbing tax avoidance, tax evasion, corruption and illicit financial flows.

Govt allocates charges amongst CBIC members

March 25, 2019 1725 Views 0 comment Print

Office Order No. 38/2019Consequent upon the appointment of Shri Ashok Kumar Pandey and Shri Sandeep Mohan Bhatnagar as Members in CBIC, it has been decided with the approval of the Competent Authority, to allocate charges of Members of Central Board of Indirect Taxes and Customs as under until further orders:-

Reopening u/s 148 not sustainable in absence of reason to believe that income has escaped assessment

March 23, 2019 13263 Views 0 comment Print

Basic requirement of reopening of assessment is ‘reason to believe’ that the income has escaped assessment without which reopening under Section 148 of Income Tax Act, 1961 is is not sustainable

AO must prove that sale of agricultural land is in the nature of trade to tax gain as business income

March 23, 2019 2727 Views 0 comment Print

Sale of Agricultural Land by the assessee was not ‘adventure in the nature of trade’ and therefore, profit earned on such sales cannot be taxed as business income.

Re-Opening not allowed for issue Investigated during original assessment

March 23, 2019 1401 Views 0 comment Print

The channel of movement of the fund, the source of the fund, purpose of investment and the ultimate destination of the fund, were all part of the record during the assessment proceedings. There is nothing in the reasons recorded by the Assessing Officer to suggest that, such investment is bogus.

In case of Encumbered Property, Stamp Duty value cannot be adopted as Sale Value

March 23, 2019 6849 Views 0 comment Print

Where property held by assessee was encumbered and, thus, she was not absolute owner of property, while computing capital gain arising from transfer of such a property, market value of property as taken for purpose of payment of stamp duty could not be adopted as sale consideration by applying provisions of section 50C.

Disallowance U/s 40(a)(ia) cannot be made for shortfall due to difference of opinion as to taxability

March 23, 2019 1788 Views 0 comment Print

DCIT Vs Morgan Stanley (I) Capital (P) Ltd. (ITAT Mumbai) Conclusion: Where there was any shortfall due to any difference of opinion as to taxability of any item or nature of payments falling under various TDS provisions, assessee could be declared to be an assessee-in- default under section 201, however, no disallowance could be made […]

Income from leave and licence fee was property income not a business income

March 23, 2019 7674 Views 0 comment Print

Income derived by assessee from leave and licence fee was to be treated as income from house property not as business income as assessee company’s primary object was not to construct, develop and lease property out for earning rental income but to engage itself as real estate developer.

Capital gain on transfer of land notified for establishing industrial park was liable to tax as it was non-agricultural land

March 23, 2019 2475 Views 0 comment Print

Assessee was not entitled to claim exemption from capital gains on transfer of rural agricultural land as State Government had notified the said land for establishing industrial park and consequently, the land had become non-agricultural urban land.

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