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SC orders release of goods when Appellant has paid all taxes except disputed dues

September 23, 2018 1905 Views 0 comment Print

M/s. Gati Kintetsu Express Pvt. Ltd. Vs Commissioner Commercial Tax of Madhya Pradesh & Ors. (Supreme Court of India) Having regard to the facts of the case, more particularly when the petitioner has already paid the tax and insofar as other dues are concerned, which are being demanded, a dispute is raised in this special leave petition in […]

Extend Tax Audit due date to 31 October 2018: BJP Economic Cell (Rajasthan)

September 23, 2018 128091 Views 63 comments Print

BJP economic Cell (Rajasthan), State Co-Convener CA R P Vijay & CA Sachin Kumar Jain have requested Honble FM to extend due date for submission of Tax Audit Reports and Income Tax Returns from 30 September, 2018 to 31 October, 2018 in the case of corporate assesses and where tax audit is applicable so that […]

Set off of long-term capital loss on sale of unquoted equity shares against gain on sale of property

September 22, 2018 2577 Views 0 comment Print

Merely because the assessee had sold the shares at face value in a distressed situation it could not be presumed that the assessee had engineered the transaction to manage its tax liability. Therefore, AO was not justified in disallowing the claim of assessee for set off of long-term capital loss on sale of unquoted equity shares against long-term capital gain on the sale of property.

S. 195 TDS provisions applies only when remittance results in taxable income

September 22, 2018 5550 Views 0 comment Print

Where overseas HO was not liable to pay any tax on interest remitted by assessee, there was no obligation to deduct TDS under section 195(1) on such remittance because TDS provisions are attracted only when such remittance results in taxable income.

ITAT on Assessment of share capital/ premium as unexplained cash credit

September 22, 2018 1881 Views 0 comment Print

Priyatam Plaschem Pvt. Ltd Vs ITO (ITAT Delhi) In this case ITAT explains  Law on whether share capital/ share premium received by a Company from investors can be assessed as ‘unexplained cash credit’  in the light of judgements of the Courts and Tribunal. In the case in hand Considering the facts of the case, in […]

Asset holding period should be computed from the date of allotment letter

September 22, 2018 2472 Views 0 comment Print

Holding period should be computed from the date of issue of the allotment letter and not from the date of the conveyance deed (Rasiklal M. Parikh vs. ACIT 393 ITR 536 (Bom) distinguished)

Mere filing of an SLP would not make order of High Court bad in law

September 22, 2018 2169 Views 0 comment Print

PCIT Vs Associated Cables Pvt. Ltd (Bombay High Court) Merely filing of an SLP from the order of CIT Vs. Hindustan Unilever Ltd. 394 ITR 73 would not make the order of this Court bad in law or give a license to the Revenue to proceed on the basis that the order is stayed and/or in […]

RFID: A Disruptive Technology in Asset Identification & Tracking Revolutionizing Supply Chain Functions

September 22, 2018 4179 Views 0 comment Print

Rapid identification technologies have led to a better handling of raw materials / inputs and finished products in the Supply Chain.  In the past few years Radio Frequency Identification (RFID) has grown to be one of the most popular technologies in the area of identification systems and today it’s a disruptive technology in Asset Identification and Tracking.

CSR Amendments- MCA enhanced Clarification

September 22, 2018 24309 Views 2 comments Print

Corporate Social Responsibility is an idea that has been a concern to mankind for many years. However, over the last two decades it has become an increasing concern to the business world. With the introduction of Section 135 in the Companies Act, 2013, India is striving to implement CSR in the Corporates in latter and spirit.

Capital Gain tax payable on Sale of Land declared as non- Agricultural

September 21, 2018 13356 Views 0 comment Print

Virvati Devi Vs CIT (ITAT Delhi) The Ld. CIT(A) correctly noted that possession of the property in question was not transferred at the time of Agreement to Sale. After the Agreement to Sale the SDM vide order dated 26.02.2009 changed the land use and declared the land as non- agricultural. The sale deed dated 24.03.2009 was […]

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