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Mere wrong claim of depreciation would not invite penalty U/s. 271(1)(c)

May 16, 2018 3036 Views 0 comment Print

A mere making of a wrong, though bona fide claim of depreciation, which is not sustainable in law, by itself will not amount to furnishing inaccurate particulars of income and therefore, such wrong claim will not automatically invite penalty under section 271(1)(c).

Cost inflation index in case of Property inherited from previous owner

May 15, 2018 5589 Views 2 comments Print

ITO Vs Pritendra C. Jhaveri (ITAT Mumbai) Since the expression ‘held by the assessee’ is not defined under section 48, the same has to be understood as defined under Explanation 1(i)(b) to section 2(42A) which provides that in determining the period for which an asset is held by assessee under a gift or will the […]

CBIC fixes monetary limit of Rs 2.5 Lakh for appeal filing with Commissioner (A)

May 15, 2018 24057 Views 0 comment Print

In exercise of the powers conferred by Section 35R of the Central Excise Act, 1944 made applicable to Service Tax vide Section 83 of the Finance Act, 1994 the Central Board of Indirect Taxes fixes a monetary limit of Rs 2,50,000/- below which appeal shall not be filed with the Commissioner (A).

Expenses on investigations pursuant to certain SEBI directions are allowable

May 15, 2018 876 Views 0 comment Print

Upon conjoint reading of Trust Deed and SEBI directions as above, we conclude that the said expenditure was incurred by the assessee to safeguard / protect its business interest and therefore, allowable to the assessee in terms of Section 37.

Operationalisation of draft Food Safety and Standards (Import)

May 15, 2018 792 Views 0 comment Print

Attention of the Importers, Exporters, General Trade, Custom Brokers and all other stakeholders in the jurisdiction of JNCH, Nhava Sheva is invited to the “Notice for operationalisation of draft Food Safety and Standards (Import) Second Amendment Regulations, 2018 issued by the Director (Import)

IBBI constitutes Working Group on Graduate Insolvency Programme

May 15, 2018 2139 Views 2 comments Print

The IBBI hereby constitutes a Working Group on Graduate Insolvency Programme as under: a. Mr. T. V. Mohandas Pai, Chairman, Manipal Global Education b. Mr. P. R. Ramesh, Chairman, Deloitte India c. Mr. Sumant Batra, President, Society of Insolvency Practitioners of India

Section 54EC exemption cannot be claimed on Sale consideration of Property seized by IT Dept.

May 14, 2018 1896 Views 1 comment Print

Both AO & CIT-A have denied the claim of exemption of Rs.40,00,000/- for want of proper evidence showing the capital gains were invested in specified bonds i.e provided by the Government of India, National Highway Authority Bonds (NHAI). The deduction u/s. 54EC of the Act is permissible if the amount representing the long term capital gain is invested in specified bonds within prescribed time.

Corporate Insolvency Resolution Process by Financial Creditor

May 14, 2018 8703 Views 1 comment Print

India’s banking industry is in the throes of a crisis. Bad debts are piling up at banks. Freeing up this money is crucial for the banking sector to go about its business. There were many laws dealing with insolvency for Companies as well as for individuals. But most of them were either dating from the British Raj or failing to recover loans.

Section 54: Prior to amendment on 1-4-2015 no restriction on number of residential property

May 14, 2018 4512 Views 1 comment Print

As Prior to assessment year 2015-16 no restriction was placed by the legislature in respect of investments in the residential houses that an assessee could make for claiming deduction under section 54 of the Act. We thus are of the view that the claim of deduction raised by the assessee under section 54 in respect of investment made towards purchase of residential house at Mumbai and Pune was well in order.

On bogus purchases reasonable GP rate would be applied and added to assessee’s income, and not entire bogus purchases

May 14, 2018 3354 Views 0 comment Print

New Consolidated Construction Company Ltd. Vs DCIT (ITAT Mumbai) The assessee conceded that to buy peace of mind he was ready to accept the percentage as consistently applied by the Tribunal in other cases. When a query was put to the revenue he also fairly agreed for a reasonable percentage. ITAT held that Profit rate […]

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