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Section 115JB does not apply to insurance companies

September 11, 2017 2073 Views 0 comment Print

Applicability of Section 115JB to insurance companies Turning now to ITA No. 447/2015, the question concerns the applicability of Section 115JB of the Act to insurance companies. The ITAT has permitted the Assessee to raise this question since, in a large number of judgments of the ITAT, the question has been answered in favour of […]

Sales Tax applicable on Divisible Sales Component in Works Contract: SC

September 11, 2017 3903 Views 0 comment Print

All these appeals are filed by the same appellant, namely, M/s. India Hume Pipe Co. Ltd. (hereinafter referred to as the assessee). The singular issue that arises is also identical in all these appeals. The only reason for filing number of appeals is that the said issue pertains to different Assessment Years.

CBDT cannot amend the legislative provisions by issuing a Circular: SC

September 9, 2017 1749 Views 0 comment Print

The Central Board of Direct Taxes (CBDT) issued a Circular under Section 119 of the Income Tax Act,1961. In fact, it amended the provisions contained in Rule 68B of the IInd Schedule to the Income Tax Act, 1961, which otherwise have statutory force. Such legislative provisions cannot be amended by CBDT in exercise of its power under Section 119 of the Act.

There can be no tax liability without the authority of law : ITAT Mumbai

September 9, 2017 1914 Views 0 comment Print

This appeal by assessee u/s 253 of Income Tax Act (the Act) is directed against the order of ld. Commissioner of Income-tax (Appeals)-15, Mumbai dated 16.10.2012 for Assessment Year 2007-08. The assessee has raised the following grounds of appeal

Penalty cannot be levied for difference in Income with form 26AS due to TDS deduction on Service Tax Component

September 9, 2017 7551 Views 0 comment Print

Since the difference is reconciled at the penalty stage and claim of assessee have not been doubted or rejected, therefore, Ld. CIT(A) was not justified in confirming the levy of penalty merely because assessee conceded for addition of the amount in question.

Failure of GSTN Network and GST Helpline- Mechanism to lodge complaint

September 9, 2017 7332 Views 1 comment Print

GST which was termed as biggest economic reform after independence was made a reality with effect from 1st July 2017. Approximately 70 days have elapsed and still the GSTN portal which was termed by its Ex Chief (who retired yesterday) Navin Kumar as capable of taking over processing 300 Crores Invoices per month.

ICAI requests sufficient time relaxation in filing GSTR 6

September 9, 2017 1803 Views 0 comment Print

We request your good self to provide appropriate and sufficient time relaxation in filing GSTR 6 from without any penal consequences after GSTIN System get ready to accept the returns in a smooth way as non functioning of website is in result of loss of professional man hours. This would enable / encourage the assessees across the country to comply with the requirements of the law completely.

Loss on Mutual Fund sale is Business Loss for assessee engaged in share trading business

September 9, 2017 1284 Views 0 comment Print

Assessee is engaged in the business of trading in securities and shares. In the year under consideration the assessee suffered a loss of Rs. 29,82,952/- on the sale of Mutual Fund which was held as stock in trade and as such claimed as business loss. The issue in this case is whether the amount of Rs 29,82,952/- on account of loss on sale of mutual funds can be treated as capital loss as held by the AO as against business loss shown by the assessee. It is undisputed fact that the loss has been incurred during the normal course of the business.

CBI Arrests 4 Income Tax Officers for alleged undue favour to Kolkata based infamous entry operators

September 9, 2017 1434 Views 0 comment Print

It was alleged that the Principal Commissioner of Income Tax, Ranchi had entered into a criminal conspiracy with Additional CIT, Ranchi, ITO (Tech.), Another Officer, Income Tax Department & five private persons, all Kolkata based businessmen & infamous entry operators and a CA of Kolkata for getting Income Tax assessment files of their different assessee companies transferred from Kolkata/ Hazaribagh to Ranchi for providing undue favour to those assesses, who had been charged with heavy tax liability, in lieu of huge bribe.

ICSI releases Exposure Draft of 4 Auditing Standards for Public Comments

September 9, 2017 984 Views 0 comment Print

The Institute of Company Secretaries of India (ICSI), recognising the need to provide support to its members to develop the auditing acumen, techniques and tools and for inculcation of best auditing practices among its membersconstituted Auditing Standards Board (ASB) with theobjective of formulating Auditing Standards of the ICSI.

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