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Section 153(2): Period of 60 days to be counted from whether date of vacation of stay or date of receipt of order

November 26, 2017 8808 Views 0 comment Print

Where in case of reassessment proceedings stay was granted by court and thereafter stay was vacated, the reassessment order was to be passed within 60 days from the date of vacation of stay, AO was not justified in saying that the period of 60 days should be counted from the date of receipt of order in office since it was not aware of the order.

Accrual basis accounting: Income of relevant F.Y. is to be accounted in same F.Y.

November 26, 2017 2739 Views 0 comment Print

Advocate Akhilesh Kumar Sah ACIT vs. Noida Toll Bridge Co. Ltd. (Delhi ITAT) Mercantile based accounting requires income and expenditure of a financial year has to be taken in account in the same, concerned financial year. In ACIT vs. Noida Toll Bridge Co. Ltd. & vice versa [ITA Nos. 5246, 5247, 5248, 5249 and 5286/Del/2012, […]

GST: 41 New FAQs asked and replied by twitter handle of GoI

November 25, 2017 38781 Views 14 comments Print

Is ITC available on vehicle taken on lease for employee in a manufacturing company? No. It is not allowed as per section 17(5) of CGST Act, 2017.

Non-payment of minimum wages to workers is unconscionable and unpardonable in law: HC

November 25, 2017 7914 Views 0 comment Print

Central Secretariat Club Vs. Geetam Singh (Delhi High Court) Non-payment of minimum wages, to a workman is, therefore, unconscionable and unpardonable in law. It strikes at the very root of our constitutional framework, and belies the aspirations set out in the preamble thereto. The preamble to the Constitution is the Constitution. It is the most […]

Sales Tax Penalty not allowable as business expense to the extent it is not compensatory

November 25, 2017 41511 Views 0 comment Print

M/s. Bokaro Power Supply Co. Ltd. Vs. DCIT (ITAT Delhi) In the case of Swadeshi Cotton Mills Vs. CIT Ltd. (supra) the Hon’ble Supreme Court has held that, ‘where the amount paid is partly penal and partly compensatory, the amount to the extent that it is compensatory could be allowed as deduction’. Further, Hon’ble Jurisdictional […]

EPF: Process flow for Online Request for Correction in Name, Date of Birth and Gender

November 24, 2017 13542 Views 5 comments Print

It has been seen that many EPF members are facing problem in seeding Aadhaar with their UAN as there is mismatch in Name, DOB or Gender between Aadhaar data and UAN data. Presently member and employer are required to give joint request to concerned EPFO field office for correction in basic details.

RoSL on Export of Garments and Made UPS-Post GST Rates Notified

November 24, 2017 3930 Views 0 comment Print

Ministry of Textiles has notified the schemes for Remission of State Levies on export of garments and made ups through the mechanism of rebate. The two schemes have been merged under the Scheme for Rebate of State Levies on Export of Garments and Made-ups (hereinafter referred to as the RoSL Scheme).

Violation of SEBI regulations by broker would not make assessee’s share transactions bogus

November 24, 2017 1458 Views 0 comment Print

It was held that where DMAT account and contract note showed details of share transaction, and Assessing Officer had not proved said transaction as bogus, capital gain earned on said transaction could not be treated as unaccounted income u/s 68.

No Proposal Under Consideration to Withdraw Bank Chequebook Facility

November 24, 2017 1113 Views 0 comment Print

In a section of the media, it has appeared that there is a possibility that the Central Government may withdraw bank cheque book facility in the near future, with an intent to encourage digital transactions. It is denied that there is any proposal under consideration of the Government to withdraw bank cheque book facility. In […]

Dissemination of Yoga is within the Term Medical Relief and imparting education

November 24, 2017 1104 Views 0 comment Print

While admitting an appeal by the Revenue against the ITAT Delhi’s order granting relief to Patanjali, the Delhi High Court recently ruled that propagation of yoga, Vedic philosophy, practice of yoga, education with respect to yoga are to be considered as medical relief for the purpose of granting exemption under the provisions of the Income Tax Act, 1961.

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