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Non-disposal of Section 12AA application within six months not results in deemed grant of registration

November 16, 2018 1674 Views 0 comment Print

Non-disposal of an application for registration, by granting or refusing registration, before the expiry of six months as provided under section 12AA(2) would not result in deemed grant of registration,

Jurisdiction to commence proceedings against director for recovery of tax dues of delinquent company

November 16, 2018 2073 Views 0 comment Print

Jurisdiction to commence proceedings against the director of a delinquent company for recovery of tax dues of delinquent company would require the notice to director/former directors, itself indicating what steps had been taken to recover the dues from delinquent company and failure thereof.

Notification No. 24/2018-Customs (N.T./CAAIDRI) Dated:- 16.11.2018

November 16, 2018 504 Views 0 comment Print

Notification No. 24/2018-Customs (N.T./CAAIDRI) Director General, Revenue Intelligence, hereby appoints officer mentioned in column (5) of the Table below to act as a common adjudicating authority to exercise the powers and discharge the duties conferred or imposed on officer mentioned in column (4) of the said Table in respect of noticees mentioned in column (2) of the said Table for the purpose of adjudication of show cause notice mentioned in column (3) of the said Table, namely:-

Complaint filed by power of attorney maintainable in law

November 15, 2018 10023 Views 0 comment Print

Sk. Tamisuddin Vs. Joy Joseph Creado & Anr. (Supreme Court of India) A complaint filed by the power of attorney would be maintainable in law. If that is so, the initial complaint filed by the appellant on behalf of Sairabee as the complainant would not be invalid in law as held by the High Court […]

Under Construction Property – Indexation as per year of payment

November 15, 2018 51306 Views 0 comment Print

Lakshman M. Charanjiva Vs ITO (ITAT Mumbai) Indexation benefit against the cost of acquisition shall be available to the assessee on the basis of index of the year in which the payments were actually made by the assessee. The payment made up-to the date of agreement i.e. 18/10/2007 shall be indexed by applying the index […]

Liability to pay GST: HC ask parties to avail alternate remedy of Arbitration available as per agreement

November 15, 2018 690 Views 0 comment Print

Chandra Kishor Singh Vs. Director, Construction And Design Services U P Jal Nigam  (Allahabad High Court) The petitioner is a contractor who has been granted a contract for construction of 100 Boys’ Hostel GIC, Pratapgarh by the Construction and Design Services U.P. Jal Nigam, respondent no.4. The parties have entered into an agreement for the […]

Conversion of unpaid interest into loan not amounts to deemed payment of interest U/s. 43B

November 15, 2018 2934 Views 0 comment Print

Interest can only be allowed when it is actually paid and conversion of unpaid interest into loan does not amount to deemed payment of interest in terms of section 43B.

Year of indexation in respect of Gifted / Inherited property

November 15, 2018 12051 Views 0 comment Print

While computing capital gains arising on transfer of a capital asset acquired by assessee under a gift or will, indexed cost of acquisition has to be computed with reference to year in which previous owner first held asset and not with reference to the year in which the assessee became owner of asset.

Assumption of jurisdiction U/s. 153A invalid if No incriminating material found

November 15, 2018 1788 Views 0 comment Print

Since no assessment was pending on the date of search and addition had been made on basis of post-search enquiries and statements recorded under section 132(4) on various persons, therefore, AO had no power to assume jurisdiction under provisions of section 153A as no incriminating material was found.

Section 50C not applies to Sale of right to property

November 15, 2018 2463 Views 0 comment Print

Baniara Engs (P) Ltd. Vs ITO (ITAT Kolkata) From the reading of Sec. 50C, it is evident that Sec. 50C is a deeming provision and it extends to only to land or building or both. Section 50C can come into play only in a situation where the consideration received or accruing as a result of the […]

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