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Complete Assessment of case of substantial cash deposit during demonetisation by 30.06.2019

March 5, 2019 24837 Views 0 comment Print

SOP for handling of cases related to substantial cash deposit during the demonetisation period in which notice under section 142(1) of the Income-tax Act, 1961 has not been complied-regd.-

TDS U/s. 194J deductible on investigation charges paid by Bank on assessee’s behalf

March 5, 2019 6666 Views 0 comment Print

Merely the payment of investigation charges to the chartered accountant firm was made by the bank on behalf of the assessee did not mean that the transaction was covered under the provisions of section 194A read with section 2(28A). As such the assessee was liable to deduct the TDS under section 194J and thus, assessee was not eligible for deduction for the expenses due to non-deduction of TDS. 

Income from shares transaction is capital income and not depends on frequency, magnitude of transaction

March 5, 2019 2523 Views 0 comment Print

Income from purchase and sale of shares was liable to be taxed under the capital gain instead of income under the head business and profession as the frequency, magnitude of transaction in a systematic manner could not be the criteria to hold that assessee was engaged in the business activity of shares.

Order passed without disposing objection: HC directs AO to pass fresh order after disposing objection

March 4, 2019 5523 Views 0 comment Print

In case an order is passed without following a prescribed procedure, the entire proceedings would not be vitiated. It would still be possible for authority to proceed further after complying with the particular procedure.

Mere fall In G.P. Rate cannot be a ground for rejection of books of A/cs

March 4, 2019 1989 Views 0 comment Print

Mere fall in GP rate could not be the ground for making in-depth inquiry. As per section 145(3), books could be rejected only in the situation where AO was not satisfied about the correctness / completeness of the accounts of the assessee.

ITAT liberally Interprets CBDT Instruction to include silver utensils of married lady

March 4, 2019 3753 Views 0 comment Print

Smt. Rashmi Mujumdar Vs DCIT (ITAT Indore)  We are surprised to note that the Ld.CIT(A) did not allowed the claim of silver articles weighing 609 grams and 280 grams valuing Rs.24,639/- and Rs.9856/-. CBDT instruction No.1916 dated 11.5.1994, CBDT directs the income tax authorities conducting the search not to seize the jewellery ornaments found during […]

TDS not deductible on Reimbursement of Expenses for conducting Exams

March 3, 2019 1779 Views 0 comment Print

The facts of the case reveal that the Assessee-University conducts examinations through various colleges affiliated to it. The affiliated colleges function as the examination centre. These affiliated colleges/centres in holding the examinations incur various types of expenditure both administrative and procedural. The Assessee-University reimburse these expenses to the affiliated colleges/centres.

Taxation of Lease rent from unsold flats in case of Builder

March 3, 2019 3060 Views 0 comment Print

CIT Vs Gundecha Builders (Bombay High Court) In the present facts it is undisputed that the respondent assessee is in the business of development of real estate projects and letting of property is not the business of the respondent assessee. Rental income received from unsold portion of the property constructed by real estate developer is […]

Notice u/s 148 to a dead person instead of legal heir was not valid

March 3, 2019 15555 Views 0 comment Print

ssessment made by AO in the name of the legal heir without issuing notice u/ 148 was not valid as the notice under section 148 was required to be issued to a correct person and not to a dead person and the same was not a merely a procedural requirement but was a condition precedent to the impugned notice being valid in law.

FM releases Compendium of Instructions on GST Refunds

March 3, 2019 1872 Views 0 comment Print

The Union Minister of Finance and Corporate Affairs, Shri Arun Jaitley releases a Compendium of Instructions on GST Refunds and a Copy of the Operational Manual on Internal Audit

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