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Law not bars re-conversion of business assets into capital asset and vice versa

August 31, 2018 3465 Views 0 comment Print

Shri Rameshchandra Chhabildas Vs JCIT (ITAT Surat) n the present case, the assessee has converted his stock-in trade in to capital asset and sold out the said asset after its conversion, the gains arising therefrom is therefore, required to be taxed as long-term capital gain and not as business income as held by the AO. Since […]

Opening of A/c in Foreign bank with Indian Passport- Indian Origin of deposit cannot be ruled out

August 31, 2018 648 Views 0 comment Print

DCIT  Vs. Rahul Rajnikant Parikh (ITAT Mumbai) We note that at the time of opening of the bank account in Geneva, the assessee was a US citizen and resident and he was holding a US passport. Still the assessee chose to open the account in HSBC bank account in Geneva by using the address and proof thereof […]

Taxability of Amount Deposited by NRI in Foreign Bank Account- ITAT Explains Law

August 31, 2018 1887 Views 0 comment Print

DCIT Vs Dipendu Bapalal Shah (ITAT Mumbai) In the instant case undisputedly the assessee is a non-resident since 1979, as per the provisions of Section 6 of the IT Act. The scope of income in case of a non-resident is defined under the provisions of sub-section (2) of section 5 of the Act. As per […]

Co-Op HSG Society cannot charge Transfer fees in excess of permissible fees as donation

August 31, 2018 18798 Views 0 comment Print

Alankar Sahkari Griha Rachana Sanstha Vs Atul Mahadev Bhagat & Anr (Bombay High Court) When the persons come together with common object of housing, after formation of a Cooperative Society, they are governed under rules and bye-laws of Maharashtra Cooperative Societies Act. So far as the members are concerned, the Cooperative Housing Society can collect […]

Unsold flats held by builder as stock cannot be taxed as income from house property

August 31, 2018 7077 Views 0 comment Print

ITO Vs. Arihant Estates Pvt. Ltd (ITAT Mumbai) In the case on hand before us it is an undisputed fact that both assessees have treated the unsold flats as stock in trade in the books of account and the flats sold by them were assessed under the head ‘income from business’. Thus, respectfully following the above […]

TDS not deductible on reimbursement of expenses under Income Tax Law

August 31, 2018 4719 Views 0 comment Print

Klaus Multiparking System Pvt. Ltd. Vs ACIT (ITAT Pune) As per bills raised by ‘S’ assessee had merely reimbursed octroi charges in addition to payment of transportation charges to said ‘S’. It was not requirement of law to deduct tax at source out of reimbursement of expenses, therefore, assessee could not be held to be […]

Annual Report on India’s Advance Pricing Agreement (APA) Programme– 2017-18

August 31, 2018 1479 Views 0 comment Print

The Advance Pricing Agreement (APA) Programme in India is six years old now and has been heralded as a success. The CBDT is extremely proud of this Programme and its achievements. The Programme has been successful in winning the confidence of taxpayers by providing them with an alternate dispute resolution mechanism in respect of transfer […]

Companies can avail Cenvat Credit on CSR Expenses

August 31, 2018 5025 Views 0 comment Print

Essel Propack Ltd. Vs Commissioner of CGST, Bhiwandi (CESTAT Mumbai) To pin point the dispute, it is now to be looked into as to if CSR can be considered as input service and be included within the  definition of “activities relating to business” and if in so doing, a company’s image before corporate world is […]

Appellant raised a new issue at appeal stage, AAAR remanded case back to AAR

August 31, 2018 909 Views 0 comment Print

In re Fairmacs Ship Stores Private Limited (GST AAAR Andhra Pradesh) The Appellant raised a new issue at the appeal stage, and the case is remanded back to original authority. The applicant has raised a new issue for clarification, which was not placed before the Advance Ruling Authority, i.e. to decide whether the transactions are […]

Govt notifies certain service as public utility service for further 6 Months under Industrial Disputes Act, 1947

August 31, 2018 2658 Views 0 comment Print

S.O. 4220(E).—Whereas the Central Government having been satisfied that the public interest so requires that in pursuance of the provisions of sub-clause (vi) of the clause (n) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947), the services in industry engaged in Manufacture or production of mineral oil (crude oil), motor and aviation spirit, diesel oil, kerosene oil, fuel oil, diverse hydrocarbon oils and their blends including synthetic fuels, lubricating oils and the like; which is covered by item 26 of the First Schedule to the Industrial Disputes Act, 1947 (14 of 1947) to be a public utility service for the purpose of the said Act, as was notified for a period of six months with effect from the 1st March, 2018 vide notification of the Government of India in the Ministry of Labour and Employment, number S.O.781(E), dated the 23rd February, 2018;

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