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Capital Gain Taxable in the year in which possession of property passed on to developer

September 12, 2018 1239 Views 0 comment Print

M/s. Telukunta Chandra Mohan Rao (HUF) Vs ITO (ITAT Hyderbad) The question raised is, in the case of ‘JDA’ transaction, at what point of time, capital gain arises. It is settled law that in the year in which the possession of the property is passed on to the developer is the year in which the […]

Unsecured loan/ Gifts to be added to Income if creditworthiness of giver not proved

September 12, 2018 6432 Views 0 comment Print

Sitaram Ramchanddas Patel Vs ITO (Gujarat High Court) When the assessee failed to prove the capacity of the concerned persons who alleged to have given the unsecured loan and/or gift, it cannot be said that the learned Tribunal has committed any error in confirming the additions made by the Assessing officer and confirmed by the CIT (Appeals) of Rs.19,92,730/= […]

AAR not maintainable if question raised in application is already pending

September 12, 2018 996 Views 0 comment Print

In re Sterlite Technologies Limited (GST AAR Maharashtra) Authority for Advance Ruling shall not admit the application where the question raised in the application is already pending or decided in any proceedings in the case of an applicant under any of the provisions of this Act” and further stating that in view of the express […]

Deduction U/s. 80IB(10) allowable if capital asset was converted into stock-in-trade, before entering into JDA

September 12, 2018 1041 Views 0 comment Print

She has also tried to demonstrate that at the time of JDA, the land which was part of the stock-in-trade was contributed under JDA for the construction of residential apartments. Therefore, the profit earned on sale of flat would be a business profit.

Penalty U/s. 271(1)(c) not attracted for a mere wrong claim

September 12, 2018 19833 Views 1 comment Print

Pr. CIT Vs Samtel India LTD (Delhi High Court) From the facts of this case it is clear that the assessee disclosed all the particulars of his income. The AO has disallowed his claim without holding it to be bogus or false. Hence, the genuineness of the loss occurred is not at question here. The […]

REX registration under EU GSP Scheme is free

September 12, 2018 1959 Views 0 comment Print

This is regarding registration of exporters under EU GSP REX System and assigning them a REX number enabling them to self certify the origin of product through Statement of Origin for duty preference under European Union Generalised System of Preferences, India is implementing EU GSP REX System w.e.f. 1st January, 2017.

Service Tax cannot be imposed on Ayurvedic Centres merely for running the same in Resorts

September 11, 2018 3174 Views 1 comment Print

The Commissioner of Central Excise Vs M/s. Coconut Lagoon Kumarakom (CESTAT Bangalore)  it is seen that the ayurvedic centres are providing therapeutic treatment under ayurvedic system. Going by the mere fact that the centres are located in the resorts and sometimes the duration of treatment is for one or two days, it cannot be concluded that […]

Cenvat Credit on Club Membership for business & Life Insurance for Employees eligible

September 11, 2018 2430 Views 0 comment Print

Rohit Surfactant Pvt Ltd Vs CGST, C.C & C.E- UJJAIN (CESTAT Delhi) It is seen that the Cenvat Credits have been disallowed by the lower authority, vide the impugned order, by observing that the services fall within the exclusion category specified in Rule 2 (I) (C). This exclusion clause disallows the Cenvat Credit in respect […]

SEBI (Credit Rating Agencies) (Second Amendment) Regulations, 2018

September 11, 2018 1050 Views 0 comment Print

In exercise of the powers conferred by section 30 read with section 11 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), the Board hereby makes the following Regulations to further amend the Securities and Exchange Board of India (Credit Rating Agencies) Regulations, 1999, namely:-

SEBI (Substantial Acquisition of Shares and Takeovers) (Second Amendment) Regulations, 2018

September 11, 2018 3450 Views 0 comment Print

SECURITIES AND EXCHANGE BOARD OF INDIA NOTIFICATION Mumbai, the 11th of September, 2018  SECURITIES AND EXCHANGE BOARD OF INDIA (SUBSTANTIAL ACQUISITION OF SHARES AND TAKEOVERS) (SECOND AMENDMENT) REGULATIONS, 2018 No. SEBI/LAD-NRO/GN/2018/33. ─ In exercise of the powers conferred under section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), the […]

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