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Consultation Paper Review of framework for Institutional Trading Platform

October 26, 2018 852 Views 0 comment Print

The regulatory framework for Institutional Trading Platform was put in place vide amendments to the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009 on August 14, 2015, with a view to facilitate listing of new age start-ups in sectors like e-commerce, data analytics, bio-technology and other start-ups.

Can writ petition be dismissed on the sole ground that appellant had a right of reply to show cause notice

October 26, 2018 2538 Views 0 comment Print

The short question in this appeal is whether the writ petition ought to have been dismissed on the sole ground that the appellant had a right of reply to the show cause notice. The answer to the aforesaid question has to be in the negative, for the reasons discussed hereinbelow.

Section 54 / 2(47): Unregistered agreement creates a right in favour of buyer

October 26, 2018 13536 Views 0 comment Print

Gautam Jhunjhunwala Vs ITO (ITAT Kolkata) in the light of the definition of ‘transfer’ as defined u/s. 2(47) of the Act it is clear that when any right in respect of any capital assets is extinguished and that right is transferred to someone, it would amount to transfer of a capital asset. In the light […]

Section 54- Purchase date is date of possession of flat on which assessee pays final consideration

October 26, 2018 54234 Views 1 comment Print

ITO Vs Sunil Shiv Khanna (ITAT Mumbai) We are of the view that the assessee’s claim of deduction u/s. 54 of the Act is to be reckoned from the date of handing over of the possession of the flat by the builder to the assessee i.e. 11.09.2009, and if we take that date, the assessee […]

Ensure hassle-free cancellation of GST registration: CBIC Chief

October 26, 2018 2100 Views 0 comment Print

On the GST front, to facilitate the trade for a smooth and hassle-free cancellation of registration and to ensure uniformity in the implementation of the provisions of law across the field formations, CBIC has issued a SOP vide circular no. 69/43/2018 dated 26th October 2018.

Reassessment invalid if Grounds for reassessment being already examined by AO during original assessment

October 26, 2018 1041 Views 0 comment Print

PCIT Vs JP Infrastructure (P) Ltd. (Gujarat High Court) During the original assessment, both the questions raised by AO in reassessment notice, were already examined by AO through a specific queries raised in this respect. Therefore, reassessment being based on mere change of opinion was invalid. FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT […]

Land with no agricultural activities situated within 8 km. of local municipal limits is capital asset

October 26, 2018 13161 Views 0 comment Print

Girdhari Lal Vs ITO (ITAT Delhi) The test for determining whether the impugned land is agriculture bear mainly on the nature or character of the land, and not merely on the actual user or non-user at a particular point of time. If the land is not actually appropriated for agricultural purposes, the minimal requirement is […]

Date of allotment of property is relevant to compute holding period of property

October 26, 2018 4350 Views 0 comment Print

DCIT Vs Deepak Shashi Bhusan Roy (ITAT Mumbai) The coordinate bench of Tribunal in Anita D. Kanjani (supra) held that in order to determine the nature of asset income of section 2(42A), holding period is to be computed from date of issue of allotment letter and not from the date when agreement to sell was […]

Procedure to obtain export authorisation for export of restricted items

October 25, 2018 15111 Views 0 comment Print

Procedure / documents for obtaining export authorisation for export of restricted items under Schedule 2 ITC(HS) Classification of Export and Import Items 2018 .

Certification Service by CA exempt from Service Tax till 28.02.2006

October 25, 2018 5028 Views 0 comment Print

Certification service by a Chartered Accountant was not included in the 11 services enlisted in Notification No. 59/98 (supra) which were taxable. And hence, the certification service being not included in the 11 services so mentioned was clearly exempt in terms of the said notification till 28.02.2006.

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