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TDS U/s. 195 on Grant of license for copyrighted software for internal business purposes

October 1, 2018 19131 Views 0 comment Print

Reliance General Insurance Co. Ltd. Vs ITO (ITAT Mumbai) We shall first advert to the remittance of USD 100,000 made by the assessee towards licence fees to M/s Fair Isaac International Corpn. We have perused the copy of the agreement entered into by the assessee with M/s Fair Isaac International Corpn i.e “Fair Isaac Order […]

Prosecution for non-deposit of TDS- Delay in refund of excess TDS paid not acceptable

October 1, 2018 2004 Views 0 comment Print

ITO Vs VCI Hospitality Ltd (Central: Tis Hazari Courts, Delhi) As per complaint, accused has defaulted in timely deposit of TDS amount. However, the due amount for the year 2008-09 has been reduced to Rs. 40/- only but after filing of various correction statements which are admittedly filed after filing of present prosecution. The Ld. […]

CBDT notifies CIT(A) for respective CCA regions under Black Money Law

October 1, 2018 1968 Views 0 comment Print

Notification in respect of assigning jurisdiction to Commissioner (Appeals) under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (BM Act)- reg.

Notification No. 21/2018-Customs (N.T./CAA/DRI) Dated:-01.10.2018

October 1, 2018 720 Views 0 comment Print

Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Directorate of Revenue Intelligence Notification No. 21/2018-Customs (N.T./CAA/DRI) New Delhi, dated the 01st October, 2018 S.O. (E). – In pursuance of notification No. 60/2015-Customs (N.T.), published vide number G.S.R. 453(E), dated 4th June 2015 in Gazette of India, Extra-ordinary, […]

Restriction on disclosure of information received under PMGKY Scheme

October 1, 2018 1050 Views 0 comment Print

No public servant shall produce before any person or authority, any such document or record or any information or computerised data or part thereof as comes into his possession during the discharge of official duties regarding the PMGKY Scheme, other than those specified in section 199-O of Taxation Laws (Second Amendment) Act, 2016

Govt Notifies Constitution of NFRA w.e.f 1st October 2018

October 1, 2018 2055 Views 0 comment Print

Central Government notifies 1 October 2018 as the date of constitution of the National Financial Reporting Authority (NFRA). The provisions of sub-section 1 and 12 of Section 132 of the Companies Act 2013 will also come into force from the same date. The provision of these sub-sections are related to constitution of  NFRA and provides […]

ITAT on release of person arrested for non-payment of tax dues on subsequent Stay

September 30, 2018 1323 Views 0 comment Print

Devinder Singh Gill Vs DCIT (ITAT Chandigarh) Since the recovery in this case has been stayed subject to the deposit of Rs. 20 lacs, in total, and if the assessee deposit Rs. 20 Lacs as ordered above, in that event, there will be no reason left with the TRO to keep the assessee in jail. […]

Notice issued in the name of a dead person is unenforceable despite non-intimation of death

September 30, 2018 23985 Views 0 comment Print

Alamelu Veerappan Vs ITO (Madras High Court) Admittedly, the limitation period for issuance of notice for reopening expired on 31.3.2017. The impugned notice was issued on 30.3.2017 in the name of the dead person. On being intimated about the death, the Department sent the notice to the petitioner – his spouse to participate in the […]

Gain from sale of shares with Short holding- Business Gain or Capital Gain

September 30, 2018 1167 Views 0 comment Print

Ramilaben D. Jain Vs ACIT (Bombay High Court) Details of the sales and purchase in shares during the year resulted in the conclusion of the Tribunal that total 73 transactions were disclosed. Only one transaction is shown in long term capital gain category. The other transactions are sales and purchase of shares during the year itself. […]

Bombay High Court passes strictures against Income Tax Department

September 30, 2018 2172 Views 0 comment Print

We have found that the Revenue’s advocates are often handicapped for neither the records are produced nor are officers competent to give instructions to these advocates for the Revenue present in the Court. It is time to remind the Revenue that arguing legal matters or proceedings before the highest court in the State should not be taken casually and lightly.

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