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Rental Income can be business income even if Main Objects are not letting out of Properties

September 29, 2018 2613 Views 0 comment Print

PCIT Vs M/s. Sakthi Sugers Ltd. (Madras High Court) Issue- Whether the Appellate Tribunal is right in allowing the rental income of the assessee as ‘business income’ instead of ‘income from house property‘ when the principal object of the assessee company is not letting out of properties ? When this matter came up for hearing on 08.12.2017, we posed a […]

HC orders inquiry of concerned AO for manipulation of Assessment records

September 29, 2018 747 Views 0 comment Print

Prabhat Agarwal Vs DCIT (Delhi High Court) In this case revenue played a subterfuge, in trying to cover up its omission, and in ante dating the record, in the attempt to establish that such reasons existed, and this court’s interference was not called for. In these circumstances, this court hereby directs the Chief Commissioner concerned […]

Deduction U/s. 54 on Investment in 4 adjacent flats made into single residential house

September 29, 2018 5028 Views 1 comment Print

Where assessee had independently acquired multiple flats, which, however, were joined together and used by the assessee as a single residential unit, the claim for exemption under section 54 in respect of total investment made towards acquisition of the said flats could not be denied.

ITAT on Set-Off of Capital Loss via Sham Transaction against Capital Gain

September 29, 2018 1434 Views 0 comment Print

DCIT Vs M/s. B S. Infosolution Pvt. Ltd (ITAT Delhi) ITAT Held that No prudent person with some commercial prudence would pay a hefty premium of Rs. 190/- on a book value of Rs. 82/-, hold it for one year, and then sell the same shares at book value. Further Though the premium is justified […]

Transitional GST Input Credit cannot be denied on Procedural Grounds

September 29, 2018 5172 Views 0 comment Print

In view of the GST regime and the IT platform being new, it may not be justifiable to expect the users to back up digital evidences. Even under the old taxation laws, it is a settled legal position that substantive input credits cannot be denied or altered on account of procedural grounds.

How overvalued is the dollar?

September 29, 2018 2025 Views 1 comment Print

We think that while in the near term dollar strength is unlikely to abate significantly, we could see the dollar rally reverse as we get closer to 2019. However, the bulk of the correction in the dollar could (going by current trends) come against the DM currencies such as the Euro and the GBP and less against the emerging markets.

SC dismisses 100s of Appeal having tax effect of less than Rs. 1 Crore

September 29, 2018 1470 Views 0 comment Print

CIT Vs M/S C. C. Chokshi And Co. (Supreme Court of India) The Registry has listed these matters on the ground that the tax effect is less than Rs. 1 Crore and, therefore, as per the Circular of the CBDT, these are not pressed by the Income tax Department and are to be dismissed on […]

Modification to Guidelines for Deductions & Deposits of TDS under GST

September 28, 2018 2655 Views 0 comment Print

Circular No. 65/39/2018-DOR dated 14/09/2018, vide which Guidelines for Deductions and Deposits of TDS by the DDO under GST had been issued by the Department of Revenue.

Income from frequent Sale/Purchase of shares within small duration is business Gain

September 28, 2018 2997 Views 0 comment Print

DCIT Vs M/s Divya Shakti Trading Services Ltd. (ITAT Delhi) In this case assessee has purchased and sold scrips multiple times, on various dates alleged to have been held as investment within small duration. The magnitude of purchases on each date has been very large in respect of all these shares. Thus in our considered opinion frequency and volume […]

Revision U/s. 263 cannot be done if AO has taken Plausible view resulting in revenue loss

September 28, 2018 1230 Views 0 comment Print

If the view taken by the AO was a plausible view and if it results in loss of revenue, it could not be treated as prejudicial to the interests of the Revenue for the purpose of invoking the power under section 263.

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