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Assessee can challenge Assessment order if AO not accepted consent of assessee in toto

June 9, 2017 4344 Views 0 comment Print

When the Assessing Officer has not accepted the consent of the assessee in toto then the said consent cannot be applied as a Doctrine of estoppels against the assessee and the assessee has a legal right to challenge the assessment order before the appellate authority.

Gujarat Goods and Services Tax Act, 2017

June 9, 2017 6963 Views 0 comment Print

The following Act of the Gujarat Legislature, having been assented to by the Governor on the 9th June, 2017 is hereby published for general information.

No Action Can Be Taken against Tobacco Manufactures under FSSAI Act as it’s not a food product

June 9, 2017 7794 Views 0 comment Print

The only submission made by the learned counsel for the petitioners is that the sale of tobacco would not attract the provisions of the enactment. He further submits that as per Rule 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations Act, 2011, tobacco shall not be used as ingredients in […]

Bonds issued by PFC Ltd eligible for Section 54EC Exemption

June 8, 2017 2964 Views 0 comment Print

Section 54EC- Govt Notifies that any bond redeemable after three years and issued on or after 15th June, 2017 by Power Finance Corporation PFC) Limited

Advisory for Mobile update of GST applicant/Taxpayers in Aadhaar

June 7, 2017 1863 Views 0 comment Print

Regarding difficulty in updating mobile number in Aadhaar data by the GST applicant/tax payers who are required to migrate to GST regime. The tax payers may use Aadhaar based e-sign facility to register themselves on the GST platform which requires Aadhaar OTP.

In absence of communication of interest on IT Refund no penalty for not offering the same for tax

June 7, 2017 2346 Views 0 comment Print

Admittedly there is a mistake committed by the assessee in not adding interest on the refund to his sources of income. There is no disputing the fact that the tax payer duly and diligently must necessarily in its return of income disclose all avenues of his income. The assessee in its defence has consistently maintained […]

Interest U/s. 244A allowable on unpaid interest component

June 2, 2017 4365 Views 0 comment Print

Assessee is entitled for interest under section 244A of the Act on the unpaid interest and the unpaid interest partakes of the character of the principal amount due to the assessee as section 244A of the Act states any amount due to the asses­see.

Non-resident seafarer Salary credited by foreign employer to NRE A/c with Indian Bank- Addition not justified

June 2, 2017 7050 Views 1 comment Print

Salary accrued to a non-resident seafarer for services rendered outside India on a foreign going ship (with Indian flag or foreign flag) shall not be included in the total income merely because the said salary has been credited in the NRE account maintained with an Indian bank by the seafarer.

Deduction U/s. 54 allowable on sale consideration invested one year before sale of property

May 31, 2017 2913 Views 0 comment Print

In this case, the investment was admittedly made one year before the date of sale of property. In view of language employed by Parliament in section 54 of the Act, it is not the requirement that the sale consideration has to be invested in purchase of property.

Section 40A(3): Cash Payment- Person means individual truck driver

May 31, 2017 27246 Views 0 comment Print

Where assessee had sufficiently explained the circumstances under which the payments were made to the truck drivers in cash, for transport of items and no doubt was raised over genuineness of the payments and the payees were identifiable; no dis allowance under section. 40A(3) was warranted.

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