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DIPP’s move- giving ‘wings’ to angel investors?

April 14, 2018 2634 Views 0 comment Print

Startups are of great significance for any economy as they are collectively one of the major emerging source of revenue and employment. Many governments from across the world have been going out of their way to facilitate the entrepreneurial dream. Even India took initiative to support startup dreams by means of its flagship Make in India programme and a plethora of other schemes like Startup India has been launched, but the Angel tax

After rejection of books of accounts AO cannot make Addition U/s. 40A (3) & 68

April 14, 2018 7233 Views 0 comment Print

The facts of the case are that the assessee filed return of income declaring income at Rs.22,52,471/-. The assessee is an individual and engaged in the business of trading/ Distribution of ITC Products under the name and style of M/s. DK Enterprises. On verification of the P & L A/c, audited report and books of account of the assessee, it was noticed that assessee had made huge payments to M/s. Hanuman Traders in cash.

Recording of satisfaction by AO of “person searched” is a condition precedent for AO of “other person” to acquire jurisdiction

April 14, 2018 3093 Views 0 comment Print

Recording of satisfaction by AO of person searched is a condition precedent for AO of other person to acquire jurisdiction and unless jurisdictional condition is satisfied, there can be no question of making assessment or reassessment in the case of such other person.

Tax in India on salary to employee sent abroad for rendering services to a foreign company

April 14, 2018 16962 Views 0 comment Print

Based on the above facts, Salary paid by the applicant to the assignee, Mr. T.N. Santhosh Kumar in India, is not liable to be taxed in India in FY 2011-12 having regard to the provisions of the Act and the relevant Treaty.

Reopening of assessment maintainable on reasons recorded for reopening

April 14, 2018 3171 Views 0 comment Print

This petition under Article 226 of the Constitution of India is directed against the notice dated 31-3-2017 issued by the respondent-Income Tax Officer under section 148 of the Income Tax Act, 1961 (hereinafter referred to as the Act), seeking to reopen the assessment of the petitioner for assessment year 2010-11.

High Seas Sales under GST

April 14, 2018 51174 Views 11 comments Print

High Sea Sales from the point of view of an entity incorporated in India refers to the sale of goods which is made after the goods cross the Custom Barriers of the Foreign Nation but before crossing (entering) the Custom frontiers of India by way of transfer of document of title.

No penalty for Making of claim not sustainable in law unless mens rea established

April 13, 2018 2397 Views 0 comment Print

Mere making of claim, which was not sustainable in law, by itself, did not amount to furnishing of inaccurate particulars, unless mens rea was established, therefore, levy of penalty under section 271(1)(c) was not justified.

No tax on TDR and transfer fees received by housing society from Members

April 13, 2018 4689 Views 0 comment Print

This is an appeal filed by the Revenue against the order of Commissioner (Appeals) for the assessment year 2007-08. 2. The grievance of Revenue relates to deleting addition of Rs. 7,64,271 made by assessing officer on account of transfer fees and addition made on account of premium received by assessee from its members on utilization of Transfer of Development Rights. 3. The rival contentions have been heard and records perused.

Notification No. 32/2018-Customs (N.T.), Dated: 13.04.2018

April 13, 2018 2700 Views 0 comment Print

Notification No. 32/2018-CUSTOMS (N.T.) – Change in Tariff Value of Crude Palm Oil, RBD Palm Oil, Others – Palm Oil, Crude Palmolein, RBD Palmolein, Others – Palmolein, Crude Soyabean Oil, Brass Scrap (All Grades), Poppy Seeds, Areca Nuts, Gold and Silver Notified

Kerala GST Rules interfering with lottery business are Unconstitutional

April 13, 2018 6873 Views 0 comment Print

M/s Teesta Distribution Vs State of Kerala (Kerala High Court) Therefore, the writ petition is disposed with the following directions: (I) Rule 56(20A)(iii)(d) of the Kerala State GST Rules is struck down holding that the State has no legislative competence to formulate such Rule. (II) The challenge to the vires of other Rules is negatived. […]

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