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SC imposes 10 Lakh Penalty on Income Tax Department for giving misleading statement

August 29, 2018 2715 Views 1 comment Print

CIT, Ghaziabad Vs. Hapur Pilkhuwa Development Authority (Supreme Court) The Supreme Court on Monday imposed a fine of Rs. 10 Lakh on the Income Tax Department for its casual approach and for giving a totally misleading statement in the case.  This petition for special to leave has been filed by the Commissioner of Income Tax, Ghaziabad. First […]

No TDS on Soft Purchased and capitalised in books required to be made

August 29, 2018 3309 Views 0 comment Print

Vogue Vestures Pvt. Ltd. Vs Dy. CIT (ITAT Bangalore)  This issue was now covered by the decision of the Punjab and Haryana High Court in the case of CIT v. Mark Auto Industries Ltd (2013) 358 ITR 43 (P&H). wherein the High court held that in absence of any requirements in law for making deduction of […]

Sec. 206C Orders passed after reasonable period are void despite no limitation period

August 29, 2018 1857 Views 0 comment Print

ITO Vs Eid Mohammad Nizamuddin (ITAT Jaipur) A consistent view has been taken by the various Hon’ble High Courts on this issue that when no limitation is provided in the statute then a period of four years is considered as reasonable for passing the order U/s 201(1)/201(1A) of the Act. The provisions of Section 206C […]

Portfolio Management Scheme (PMS) fees not deductible while computing capital gain

August 29, 2018 10602 Views 0 comment Print

Mateen Pyarali Dholkia Vs. DCIT (ITAT Mumbai) In the instant case, the profit arising from the sale of shares was received by the assessee directly which constituted its income at the point when it reached or accrued to the assessee. The fee for PMS on the other hand was paid separately by the assessee to […]

Bogus capital gain: Addition merely based on statements recorded by Investigation Wing not valid

August 29, 2018 3828 Views 0 comment Print

DCIT Vs Saurabh Mittal (ITAT Jaipur) In absence of any contrary fact, the mere reliance by the Assessing Officer on the report of Investigation Wing, Kolkata is not sufficient to establish the fact that the transaction is bogus. The finding of the Assessing Officer is based merely on the suspicion and surmises without any tangible […]

Section 50C not applies to transfer of booking rights and to right to purchase flats

August 29, 2018 1530 Views 0 comment Print

Baniara Engineers Pvt. Ltd Vs. ITO (ITAT Kolkata) From the reading of Sec. 50C, it is evident that Sec. 50C is a deeming provision and it extends to only to land or building or both. Section 50C can come into play only in a situation where the consideration received or accruing as a result of […]

Mere charging of fee from student would amount to uncharitable activity

August 29, 2018 3744 Views 0 comment Print

Rama devi memoria society Vs Jcit (ITAT Delhi) Ld. CIT(A) while denying the exemption of Section 11 to assessee society has held that, since imparting of education is a matter of pure charity, therefore, the educational institution is not permitted to receive or recover the cost of charity from its beneficiary by way of fees, […]

Annual expenses on WAN and & local hardware are allowable as revenue expenditure

August 29, 2018 537 Views 0 comment Print

ACIT Vs M/s Linde Engineering India Pvt. Ltd. (ITAT Delhi) Assessee incurred license expenses towards WAN and local hardware, annual fee which has been treated by Assessing Officer to be capital expenditure. It is observed that assessee has to incur these expenses annually on which tax has been deducted. Assessee claimed license expenses of 49,62,461/- […]

Intimation to Regional Authorities about Block-wise fulfilment of EO under EPCG Scheme

August 29, 2018 705 Views 0 comment Print

The Para 5.14(b) of Hand book of Procedures 2015-20 amended to facilitate intimation to Regional Authorities without digital signature vide Public Notice No. 32/2015-20, Dated the 29th August, 2018

Withdrawal of Notification No 15 dated 02.07.2018 restricting import of Peas

August 29, 2018 387 Views 0 comment Print

S.O. (E): In pursuance of the Order dated 28th June, 2018 of the Honble High Court of Judicature at Madras in W.P. Nos 15921 to 15924 of 2018 and W.M.P Nos. 18916, 18917, 18919, 18920, 18922, 18923, 18925 and 18926 of 2018 and in compliance with the directions dated 24th of August, 2018 in WP No.21083 & 21084 of 2018 filed by M/s AMRR Maharaja Dhall Mill the Notification No 15 dated 02.07.2018 extending the restriction on import of Peas classified under Exim Code 0713 10 00 (including Yellow peas, Green peas, Dun peas and Kaspa peas) till 30.09.2018, is withdrawn.

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