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CIT cannot pass a revision order unless assessee is given opportunity of being heard

October 31, 2018 1746 Views 0 comment Print

ITAT Mumbai quashes CIT order reversing Ambuja Cements assessment, citing lack of scientific basis for provision of slow-moving inventory.

No deduction U/s. 80-IB(10) if Assessee utilises only small part of eligilble FSI

October 31, 2018 1662 Views 2 comments Print

Where assessee utilized only a small part of eligilble FSI remaining part was sold, then assessee was not entitled deduction under section 80IB. In respect profits assessee for sale of unutilized part.

Set off of unabsorbed business losses against capital income on slump sale

October 31, 2018 2223 Views 0 comment Print

Gouranga Cement Pvt. Ltd. Vs DCIT (ITAT Kolkata) It is undisputed fact that the assessee has the earned the long term capital income by way of transfer of the business assets such as factory building, Plant & Machinery, electric installation under the head slum sale. Thus the nature of LTCG is in the nature of […]

MVAT: e-CST module in MAHAGST portal modified to address issues

October 31, 2018 5439 Views 0 comment Print

The department has received representations from trade, stating difficulties in obtaining e-CST declarations/certiticates for period 2016-17 due to incorrect entries filed by dealer while filing annual returns u/s 20(4)(b) of MVAT Act, 2002.The present e-CST module in MAHAGST portal is modified to address above mentioned issue

CBDT notifies Indian commodity Exchange U/s. 43(5)(e)(iii)

October 31, 2018 1107 Views 0 comment Print

Central Government hereby notifies Indian commodity Exchange Limited as a ‘recognised association’ for the purpose section 43(5)(e)(iii) with effect from 01.11.2018 subject to fulfillment of  conditions specified in Notification No. 76/2018 dated 31st of October, 2018. Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes New Delhi, the 31st of October, […]

Absence of TRC cannot be a ground for denying DTAA benefit

October 31, 2018 3951 Views 0 comment Print

the Tribunal had held that absence of TRC cannot be a ground for denying the benefit of DTAA. It has only held that the assessee should furnish evidence for the claim of exemption.

Remuneration paid to managing director in previous year cannot be a criterion for invoking provisions of section 40A(2)section 40A(2)

October 30, 2018 5223 Views 0 comment Print

Further, the remuneration paid to managing director in the previous year cannot be a criterion for invoking the provisions of section 40A(2) of the Act as the assessee’s turnover stood at ₹ 283 lakhs as compared to ₹ 99 lakhs in immediately previous year. This has resulted into rise of 185% in turnover.

For Capital gain date of asset ‘held’ is to be considered and not the date of obtaining absolute legal ownership

October 30, 2018 2133 Views 0 comment Print

Ramesh A. Radhakrishnan Vs ACIT (ITAT Mumbai) We find that the expression used is ‘held’ as against ‘acquired’ or ‘purchased’ as used in other Sections like section 54 / 54F which shows that legislatures were conscious while making use of this expression. The expressions like ‘owned’ / ‘acquired’ has not been used for the purpose […]

Block Assessment invalid if no Satisfaction recorded by AO of Searched Party

October 30, 2018 1065 Views 0 comment Print

DCIT Vs. Salasar Dwellers Pvt. Ltd. (ITAT Mumbai) Satisfaction in the case is not recorded by the AO of the searched party, which is a pre-condition for invoking jurisdiction u/s 153C of the Act and hence, the assessment framed u/s 153C read with Section u/s 143(3) of the Act is bad in law. FULL TEXT […]

PMS fee not allowable while computing capital gain on Sale of shares

October 30, 2018 5226 Views 0 comment Print

While computing capital gain on sale of shares kept under Portfolio Management Scheme (PMS), assessee could not claim deduction of PMS fee as the same neither fell under the category of transfer fee, nor under the category of cost of acquisition/improvement.

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