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Section 138 Attracted Even If Cheque Issued For Sale Consideration Not Disclosed in Sale Deed

September 2, 2018 16941 Views 1 comment Print

Bhawish Chand Sharma Vs Bawa Singh (Delhi High Court) The mutual agreement between the parties to disclose only a part of the consideration under the sale deed may attract other consequences for the parties. However, that by itself does not render the underlying transaction unlawful. Pertinently, it is not claimed that at the relevant time, […]

Reverse Input Tax Credit on goods destroyed in Floods: Blow to Kerala Taxpayers

September 1, 2018 11799 Views 0 comment Print

Deputy Commissioner, State GST Department, Mattancherry, has issued the following instructions to their departmental officers by which it has instructed that in case Input Tax Credit is not reversed on Goods lost, stolen, destroyed written off or disposed of by way of gift or free samples due to Recent Kerala Floods , the proper officer […]

TDS U/s. 194I deductible on lease rent Paid to Noida Authority

September 1, 2018 12105 Views 0 comment Print

The High Court has read the relevant clauses of the lease deed and has rightly come to the conclusion that payment which is to be made as annual rent is rent within the meaning of Section 194­I, we do not find any infirmity in the aforesaid conclusion of the High Court. The High Court has rightly held that TDS shall be deducted on the payment of the lease rent to the Greater Noida as per Section 194­I.

No reopening merely on the basis of Assessment of other co­-sharer

September 1, 2018 756 Views 0 comment Print

Kalpana Chimanlal Shah Vs ITO (Gujarat High Court) The Assessing Officer examined the petitioner’s declaration of sale of immovable property and resultant loss, which she claimed. The Assessing Officer called for the purchase and sale deeds as also supporting evidence for computation of capital gain. The assessee produced such documents and the approved valuer’s report assessing […]

Merely because Agricultural land is declared as industrial land same cannot be held to be a capital asset

September 1, 2018 4467 Views 0 comment Print

ITO Vs Meera Thapa (ITAT Delhi) Assessee has sold agricultural land as it has been proved by the certificate of Tehsildar and other land records. He further held that merely because the land is declared as industrial land same cannot be held to be a capital asset and capital gain cannot be charged on sale […]

Section 40A(2)(b): Interest Rate on Permanent Loan cannot be compared with Rate on Temporary Loan

September 1, 2018 2388 Views 0 comment Print

CIT Vs  Shiv Agrevo Ltd. (Rajasthan High Court) The prevailing market rates of interest for the loans of permanent nature were between 18 per cent, to 24 per cent, whereas the cases compared by AO pertained to the loans of temporary nature and that the assessee had advanced money for the purpose of business needs. […]

Goods seized for non filing of Part-B of E-way Bill must be be released on security

September 1, 2018 1410 Views 0 comment Print

The submission of Sri Vishwjit, learned counsel for the petitioners is that the seizure is on account of non filing Part-B of E-way Bill. Part-B of E-Way Bill requires the details of the vehicle carrying the goods and the destination.

TDS not deductible on Interest Paid to NOIDA Authority: SC

September 1, 2018 6549 Views 0 comment Print

Hon’ble SC held that Though NOIDA is not a local authority, it is a corporation established by Act and so payments to it are not liable to TDS U/s.194A of Income Tax Act, 1961.

IPE shall inform IBBI about Cessation / Joining as Director / Partner

August 31, 2018 636 Views 0 comment Print

t is directed that an IPE shall inform the Board: – (a) within seven days from the date when an insolvency professional ceases to be its director or partner or joins as its partner or director; and (b) forthwith and in any case, not later than 7th September, 2018, if it has failed to inform any cessation or joining of an insolvency professional as its partner or director in the past.

New system will allow taxpayers to amend their GST Returns

August 31, 2018 1983 Views 1 comment Print

On the GST front, four Amendment Acts have been notified. These aim at reducing the compliance burden and enhance the ease of doing business. One of the most important features is that they facilitate the new system of return filing approved by the GST Council and will allow taxpayers to amend their tax returns in […]

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