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Penalty cannot be imposed based on Original Return in Section 153A Assessment

January 12, 2019 3447 Views 0 comment Print

M/s OSE Infrastructure Ltd. Vs ACIT (ITAT Delhi) When the revised return is accepted and the income is assessed as per the revised income, there is no scope for penalty. In the case of Kirit Dahyabhai Patel vs ACIT, (2017) 80 Taxmann.com 162 (Guj), the Hon’ble High Court held that in view of specific provision of Section […]

Pre Budget Memorandum 2019-20 by ICAI Cost accounting

January 12, 2019 3624 Views 0 comment Print

TDS Statements are furnished electronically; tax credit appears in payee accounts. Thus issuing of TDS Certificate stipulates an additional procedure that involves time, cost and efforts. The non compliance of issuing of TDS certificates is visited with penalty.

Revision in Criteria for Withdrawal of pending MVAT Assessment Proceeding

January 11, 2019 2427 Views 0 comment Print

Amendment to MVAT Notification-Criteria for Withdrawal of pending Assessment Proceeding,-Criteria as decided by Commissioner FINANCE DEPARTMENT Madam Cama Marg, Hutatma Rajguru Chowk Mantralaya, Mumbai 400 032, dated the 11th January 2019 NOTIFICATION MAHARASHTRA VALUE ADDED TAX ACT, 2002. No. VAT-1518/CR 23/Taxation-1.— In exercise of the powers conferred by clause (iii) of section 26B of the […]

Return filed cannot be rejected without giving an opportunity to Assessee

January 10, 2019 1071 Views 0 comment Print

Zeenath International Supplies Vs CIT (High Court Madras) Sub-Section (9) of Section 139 of the Act is beneficial  provision to the assessee, which provides them an opportunity to rectify the defects. Since  the intention being that the assessment proceedings are an outcome of dialogue and discussion, the Assessing Officer is entitled to clarify all issues by issuing notice to the assessee and calling upon them to produce […]

Section 2(22)(e) not applicable on Flat Purchase by Company for its CMD

January 10, 2019 3048 Views 0 comment Print

Aditya Jyot Eye Hospital Pvt. Ltd. Vs ITO (ITAT Mumbai) The assessee purchased the flat bearing flat no.602, in the building namely Ornate Galaxy, located at L.T. Road, Dadar (E), Mumbai. No doubt, the assessee Dr. Natarajan is the CMD of hospital and is having 99% share of the assessee company. The flat is near to […]

Import quantity rationalised for different categories of exports of Flexible Intermediate Bulk Containers

January 10, 2019 2886 Views 0 comment Print

Quantities of import item at SI. No.1 have been rationalised for different categories of exports of Flexible Intermediate Bulk Containers.

Depreciation allowable if Factory not run due to stay order by court

January 10, 2019 864 Views 0 comment Print

Where assessee could not run the factory during the year because of stay order of court, otherwise its business was continued, in such a case depreciation was to be allowed.

Portfolio Concentration Norms for ETFs and Index Funds

January 10, 2019 867 Views 0 comment Print

1. In order to address the risk related to portfolio concentration in ETFs and Index Funds, it has been decided to adopt the following norms: a) The index shall have a minimum of 10 stocks as its constituents. b) For a sectoral/ thematic Index, no single stock shall have more than 35% weight in the index. For other than sectoral/ thematic indices, no single stock shall have more than 25% weight in the index.

HUF cannot be a partner in partnership firm; Belated return cannot be revised

January 9, 2019 45585 Views 1 comment Print

Ajay Kumar Gupta (HUF) Vs ACIT (ITAT Delhi) In our considered opinion, the Assessing Officer has rightly invoked section 154 because the assessee wanted to take benefit of the notification issued by the CBDT. In the present case, as per judicial precedents, the HUF itself cannot become a partner in the partnership firm and as […]

Remuneration to partners not allowable if Assessee fails to comply with section 184(2)

January 9, 2019 3807 Views 0 comment Print

MART Vs ACIT (ITAT Delhi) The issue in dispute before us in respect of remuneration given to the partners, which has been disallowed in terms of section 185 of the Act, which says that “if a firm does not comply with the provisions of section 184 of the Act for any assessment year, then no […]

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