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Temporary Surrender and Revival of Professional Membership of Insolvency Professional

May 2, 2019 1200 Views 0 comment Print

Temporary surrender of professional membership creates inconveniences where the IP is:(a) conducting a process – corporate insolvency resolution, corporate liquidation, individual insolvency resolution and individual bankruptcy – under the Code;(b) is acting as an authorised representative representing any class of financial creditors;

No Section 40(a)(ia) for Non TDS deduction if Payee paid tax to government

May 2, 2019 7569 Views 0 comment Print

Second proviso to section 40(a)(ia) is retrospective in nature and in such circumstances, if payee has paid tax to government account then payer cannot be held liable for non-deduction of TDS.

Best judgment assessment- Salary & interest to partners can be disallowed

May 2, 2019 3669 Views 0 comment Print

ITAT held that As there was part non-compliance by assessee with first notice under section 142(1) and complete non-compliance with subsequent notice under section 142(1), the AO was right in framing assessment order under section 144 and in denying allowance of interest and salary paid to partners by taking support of provisions of section 184(5).

Notice issued by AO without specifying grounds of penalty is not valid

April 30, 2019 1407 Views 0 comment Print

Where AO had issued the notice of penalty without specifying the grounds on which the same was imposed, imposition of penalty was unjustified, because this being a mandatory requirement could not be construed as a mere technical error.

Mere delay in TDS deposit in time is offense sufficient to attract Section 276B

April 26, 2019 4206 Views 1 comment Print

Golden Gate Properties Ltd Vs DCIT (Karnataka High Court) Section 278AA makes it clear that in order to get over the penal consequences that follow on account of non-payment of tax deducted at source, it is open for the accused persons to come clean of the said charge by showing reasonable cause for failure to […]

Reason to believe that Income has escaped Assessment applies even in case of non-filing of return

April 23, 2019 2415 Views 0 comment Print

Mohanlal Champalal Jain Vs ITO (Bombay High Court) Assessing Officer has proceeded on wrong premise that even when called upon to state why the petitioner had not filed return of income, he had not responded to the said query. The petitioner did communicate to the Department that he had no taxable income and therefore, there […]

Basic administrative expenses incurred after setting up but before commencement of business allowable

April 18, 2019 4203 Views 0 comment Print

 Assessee having already set up its business was eligible to claim basic administrative expenditure as business expenditure though business operations were commenced in the subsequent year.

Fake GST invoices: Circumstances under which bail can be granted

April 16, 2019 2610 Views 0 comment Print

B. Banu Bee Vs State of Karnataka (Karnataka High Court) This Court in the case of Sri. Avainash Aradhya Vs. the Commissioner of Central Tax in Criminal Petititon No.497/2019 c/w Criminal Petition No.498/2019 by order dated 18.2.2019 has elaborately discussed the provisions of law and other aspects as to under what circumstances the bail has […]

No limitation on amount of premium that can be charged on Share Capital: SC

April 14, 2019 2589 Views 0 comment Print

PCIT Vs Chain House International (P) Ltd (Supreme Court of India) In this case Supreme Court upheld the Judgment of Madhya Pradesh High Court. Madhya Pradesh High Court held that The question raised by the revenue in regard to issuing the share at a premium is purely a question of fact. It is a prerogative […]

Time limits for uploading old pending appeals/disposals In ITBA

April 14, 2019 1845 Views 0 comment Print

Time limits for uploading old pending appeals/disposals and current disposals made during FY 2018-19 In Appeals module of ITBA-reg. Appeals module of ITBA was rolled out in June 2015 and since then incessant efforts have been made to upload and bring all the pending appeals in the system.

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