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Shares held as stock-in-trade needs to be considered for Section 14A disallowance

February 25, 2020 2673 Views 0 comment Print

Where shares are held by an assessee as stock-in-trade, the earning of exempt dividend income on the same would trigger the applicability of Sec. 14A of the Act. Aoordingly shares which were held by the assessee as stock-in-trade were to be considered for the purpose of computing the disallowance under Sec. 14A of the Act.

How to opt for Online Assessment and Submit Online response

February 25, 2020 17607 Views 0 comment Print

Presently, notice u/s 143(2) is generated by CASS in ITBA. Also, AO issues the statutory notice including notice u/s 142(1) with Questionnaire of the IT Act 1961 from the ITBA assessment module to the assessee’s designated email ID. Similarly, there are many proceedings of the Income Tax Act which require notice or correspondence between the Department and taxpayer and vice-versa including proceedings for appeal, exemption, rectification etc.

SPICe+ to offer 10 services in a single web form- Read Features

February 25, 2020 4206 Views 1 comment Print

As a part of Government of India’s Ease of Doing Business (EODB) initiatives, the Ministry of Corporate Affairs has notified and deployed a new Web Form christened ‘SPICe+’ (pronounced ‘SPICe Plus’) replacing the old SPICe form. SPICe+ has come into force from 23.02.2020. SPICe+ is an integrated Web Form which would offer ten services by […]

Delegation of authority for blocking of credits in Maharashtra

February 24, 2020 828 Views 0 comment Print

State commissioner of  Maharashtra issues a Notification for Delegation of authority for blocking of credits  as per CGST Rule 86A.  Notification Authorises Deputy Commissioners, Assistant Commissioners and All state tax officers for blocking of credit. COMMISSIONER OF STATE TAX, MAHARASHTRA STATE GST Bhavan, Mazgaon, Mumbai 400 010, dated 24th January 2020 Order MAHARASHTRA GOODS AND […]

Depreciation allowable on Goodwill from Acquisition of Business Unit

February 23, 2020 6702 Views 0 comment Print

DHL Logistics Private Limited Vs DCIT (ITAT Mumbai) We have to consider whether goodwill is an intangible asset under section 32, hence, eligible for claim of depreciation. In our view, this issue is no more res integra in view of the decision of Hon’ble Supreme Court in Smifs Securities Ltd. (supra) where the Hon’ble Supreme […]

Electoral Bonds: it a legal weapon to curb and mitigate illegitimate funding for political parties?

February 22, 2020 5547 Views 1 comment Print

Article discusses Union Budget 2017 provisions related to ELECTORAL BOND. It discusses if the same is a legal weapon to curb and mitigate illegitimate funding for political parties.

Woes of a Salaried Tax Payer – A wake up call for Government

February 21, 2020 5469 Views 6 comments Print

It is almost three years since Modi Government sat in the saddle. The people of India have a lot of expectations from this Government as compared to the previous ones and the whopping majority with which this Government was elected by the electorate signifies this aspect.

Cash Receipt!! Is it really a Receipt??

February 20, 2020 24702 Views 1 comment Print

Central Government is putting all efforts to curb use of cash which is focused on un-accounted transactions. As we all know, not all transactions that are transacted in cash hold the colour of un-accounted money, the contrary is that all the un-accounted transactions takes place in cash.

Can Purchaser of goods claim refund of duty paid under protest by manufacturer

February 20, 2020 2151 Views 0 comment Print

In the instant case, indisputedly the application was filed by the appellant as a buyer of the goods(conveyor belts) from M/s. Fenner (India) Ltd. who paid the duty under protest much after a period of limitation (six months) as prescribed under the mandate of law disentitles the claim of refund to the appellant as prayed for in view of the judgment of this Court in Commissoiner of Central Excise, Mumbai­ II Vs. Allied Photographics India Ltd. case (supra) holding that the purchaser of the goods was not entitled to claim refund of duty made under protest by the manufacturer without complying the mandate of Section 11B of the Act, 1944.

Undisclosed sales – Only profit can be added when purchases are recorded

February 17, 2020 4362 Views 0 comment Print

Murlidhar Deendayal Vs ITO (ITAT Jaipur) In respect of undisclosed sales only profit can be added when purchases are recorded but sales is undisclosed. For this purpose, reliance is placed on the following judicial pronouncements: (i) CIT v/s President Industries (2000) 158 CTR 372 (Guj) (ii) Bansal Rice Mills v/s ITO (2001)72 TTJ 1 (Chd) […]

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