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

February 18, 2019 12762 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 12081 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.

Conversion of Private Limited company into LLP to be treated as transfer or not

February 18, 2019 12057 Views 0 comment Print

Assessee LLP had failed to satisfy clause (e) of the proviso of Sec. 47(xiiib), therefore, the ‘transfer‘of the capital assets on the conversion of the private limited company into a LLP was to be regarded as a ‘transfer‘within the meaning of Sec. 45 and also, there was no occasion for invoking the provisions of Sec. 47A(4).

TDS on GST: FAQs, SOP, Return, Registration, Penalty, Interest & Rate

February 18, 2019 43062 Views 4 comments Print

A ready reckoner for DDOs / other Deductors in GST on TDS (Updated as on 18th February 2019) Article explains Relevant provisions of TDS in GST and effective dates, When tax deduction is required to be made in GST, Conditions for & amount of deduction, When tax deduction is not required to be made in […]

Section 194IA(2) exemption limit applies to each transferee separately

February 17, 2019 10959 Views 0 comment Print

Limit of exemption of Rs. 50 lakh under section 194-IA(2) was applicable to each transferee separately as each transferee was a separate income tax entity therefore, the law has to be applied with reference to each transferee as an individual transferee / person and not with reference to the amount as per sale deed.

Long term capital gain cannot be treated as bogus on mere surmises

February 17, 2019 3681 Views 0 comment Print

Addition made by AO on the reason that assessee had introduced his own unaccounted money by way of bogus long term capital gain was not correct as AO had not brought any material on record to show that assessee had paid over and above purchase consideration of shares as claimed and evident from the bank account and assessee had produced the relevant record to show the allotment of shares by the company on payment of consideration by cheque.

Bonafide business transaction cannot be taxed U/s. 56(2)(vii)

February 17, 2019 3639 Views 0 comment Print

Difference between alleged fair market value of share and the subscribed value of shares cannot be assessed as income u/s 56(2)(vii)(c) as the transaction of issue of shares was carried out to comply with a covenant in the loan agreement with the bank to fund the acquisition of the business by the subsidiary in USA, therefore, such a bonafide business transaction could not be taxed under section 56(2)(vii) especially when there was not even a whisper about money laundering by the AO in the assessment order.

No stipulation in amended section 80A(5) restricting assessee from revising deduction

February 16, 2019 6711 Views 0 comment Print

Amended 80A (5) could not be read as a stipulation barring and restricting the assessee from revising the computation/claim for deduction made in accordance with Section 80A (5).

ICAI withdraws Clarification on Rotation of Auditors under Companies Act, 2013

February 16, 2019 6630 Views 0 comment Print

Section 139 of the Companies Act 2013 where the company ceases to fall under the ambit of Rotation principles in subsequent years.-(15-02-2019) ANNOUNCEMENT Withdrawal of the Announcement regarding Clarification on Applicability of Rotation principles on a company as per Section 139 of the Companies Act 2013 where the company ceases to fall under the ambit […]

India Imposes 200% Duty on Import from Pakistan

February 16, 2019 10407 Views 0 comment Print

Govt. imposes 200 % Custom Duty on All goods originating in or exported from the Islamic Republic of Pakistan or Imported from Pakistan vide Notification No. 05/2019-Customs Dated: 16th February, 2019. seeks to insert tariff item 9806 00 00 in chapter 98 of the First schedule to Customs tariff act, 1975 to impose basic customs […]

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