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Reassessment invalid if notice U/s.143(2) was not issued

October 1, 2018 3336 Views 0 comment Print

Where AO had framed the reassessment under section 148 without issuing notice under section 143(2), the reassessment order was invalid because it is mandatory obligation of AO to serve notice by assigning reasons therein with regard to his belief of escaped tax liability before making assessment of any escaped income.

TPO cannot conclude presence of international transaction u/s 92B merely surmises

October 1, 2018 741 Views 0 comment Print

Moet Hennessy India Pvt Ltd Vs ACIT (ITAT Delhi)  In the present case, no new facts have emerged and all the facts brought to record, during the course of the assessment proceedings, do not indicate legally sustainable basis for coming to the conclusion that there was an internal transaction in respect of AMP expenses incurred […]

Section 112A relief on off Market transactions of acquisition of equity share

October 1, 2018 8673 Views 0 comment Print

Central Government, with a view to specify the nature of acquisition in respect of which the provision of sub-clause (a) of clause (iii) of sub-section (1) of section 112A of the Income-tax Act shall not apply, hereby notifies the transactions of acquisition of equity share entered into—

S. 68: Private limited co cannot say that it has no clue about Shareholders

October 1, 2018 1020 Views 0 comment Print

Pee Aar Securities Ltd Vs DCIT (ITAT Delhi) The assessee before us is a private limited company which is, by law, prohibited from offering its securities for subscription by general public. It cannot, therefore, be really open to the assessee to say that we have no clue about who the subscribers to the share capital […]

BCCI is A Public Authority Under RTI Act : CIC

October 1, 2018 3591 Views 0 comment Print

Smt. Geeta Rani Vs CPIO, M/o Youth Affairs & Sports (Central Information Commission) The BCCI should be listed as a NSF covered under the RTI Act. The RTI Act should be made applicable to BCCI along with its entire constituent member cricketing associations, provided they fulfil the criteria applicable to BCCI, as discussed in the […]

Section 147 / 148 JCIT includes Additional CIT- Sanction by Additional CIT valid

October 1, 2018 1317 Views 0 comment Print

Vikram Singh Vs CIT (Allahabad High Court) The only contention raised by the learned counsel for the appellant-assessee is that the notice was not issued with the prior sanction of the Joint Commissioner, but sanction was accorded by the Additional Commissioner and, therefore, notice under Section 148 of the Act issued by the A.O. was […]

TDS U/s. 195 on Grant of license for copyrighted software for internal business purposes

October 1, 2018 18816 Views 0 comment Print

Reliance General Insurance Co. Ltd. Vs ITO (ITAT Mumbai) We shall first advert to the remittance of USD 100,000 made by the assessee towards licence fees to M/s Fair Isaac International Corpn. We have perused the copy of the agreement entered into by the assessee with M/s Fair Isaac International Corpn i.e “Fair Isaac Order […]

Prosecution for non-deposit of TDS- Delay in refund of excess TDS paid not acceptable

October 1, 2018 1632 Views 0 comment Print

ITO Vs VCI Hospitality Ltd (Central: Tis Hazari Courts, Delhi) As per complaint, accused has defaulted in timely deposit of TDS amount. However, the due amount for the year 2008-09 has been reduced to Rs. 40/- only but after filing of various correction statements which are admittedly filed after filing of present prosecution. The Ld. […]

CBDT notifies CIT(A) for respective CCA regions under Black Money Law

October 1, 2018 1617 Views 0 comment Print

Notification in respect of assigning jurisdiction to Commissioner (Appeals) under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (BM Act)- reg.

Notification No. 21/2018-Customs (N.T./CAA/DRI) Dated:-01.10.2018

October 1, 2018 576 Views 0 comment Print

Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Directorate of Revenue Intelligence Notification No. 21/2018-Customs (N.T./CAA/DRI) New Delhi, dated the 01st October, 2018 S.O. (E). – In pursuance of notification No. 60/2015-Customs (N.T.), published vide number G.S.R. 453(E), dated 4th June 2015 in Gazette of India, Extra-ordinary, […]

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