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Mark to Market Losses on open forward exchange contract is allowable

February 19, 2017 3282 Views 0 comment Print

AO held that it had entered into derivative transaction by swapping the loan, that the liability was paid in the subsequent year, that the notional loss of Rs.4.74 crores could not be allowed.

Non-Service of notice U/s. 143(2) at correct address of assesse within prescribed time limit makes notice invalid

February 19, 2017 4197 Views 0 comment Print

This Appeal under Section 260-­A of the Income Tax Act, 1961 (the Bombay Act) challengesthe order dated 6th December, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order is in respect of Assessment Year 2006­-07.

Non resident assessee eligible to avail benefit of proviso to Section 112(1)

February 19, 2017 1491 Views 0 comment Print

From the proviso, it is evident that where the tax payable in respect of the transfer of a long term capital asset in the case of a listed company exceeds 10% of the amount of the capital gain before giving effect to the provisions of second proviso to Section 48, then such excess shall be ignored for the purpose of computing the tax payable by the assessee.

Startup India Initiative

February 19, 2017 3930 Views 2 comments Print

The Government of India announced Startup India Action plan, in order to build a strong eco-system for nurturing innovation and to provide bank finance for the startup, that results in sustainable economic growth and generate large scale employment opportunities.

A Quick summary on small company

February 19, 2017 6585 Views 0 comment Print

The concept of Small Company has been introduced in the Companies Act, 2013. As per the act some companies are small companies based on their capital and turnover position for the purpose of providing certain relief/exemptions to these companies.As this concept is introduced because they do not require more compliances as large private and public companies require

Section 73 / 43(5) cannot be interpreted to disadvantage of assessee

February 18, 2017 2874 Views 0 comment Print

Under provisions of section 43(5), the transactions in derivatives at certain stock exchanges are deemed to be non-speculative, however, as per the explanation to section 73 for the purpose of computation of business loss the derivative transactions squarely fall within the scope of explanation to section 73.

Trust Registration cannot be denied for absence of dissolution clause in Trust Deed

February 18, 2017 9765 Views 0 comment Print

DIT-E had denied registration to assessee-trust because he was of opinion that in absence of dissolution-clause assessee-trust was not entitled for registration.

Real Estate Scenario under GST

February 18, 2017 20385 Views 7 comments Print

The Real Estate Sector is the fastest growing sector all over the world as well as in India. It is growing rapidly and we can access its growth by demand of affordable housing requirements, proposed development of new cities, initiatives of government for modern cities as Smart Cities.

Consideration received for licensing of software programmes- Royalty U/s. 9(1)(vi)/ Article 12

February 17, 2017 4152 Views 0 comment Print

Since the definition given in Article 12(4) of the DTAA does not contain any consideration for the use or right to use in ‘computer programme’ or ‘software’, the same cannot be imported into it.

Profit exempt in Partnership cannot be taxed in Partners Account

February 17, 2017 12696 Views 0 comment Print

CBDT itself has accepted the proposition that the share income from the firm received by the partners is exempt u/s 10(2A) of the Act and under no circumstances can be taxed in the hands of the partners.

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