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Property Attachment notice by TRO cannot be challenged before HC

September 13, 2018 5235 Views 0 comment Print

Champa Devi Vs Tax Recovery Officer (TRO) (Madras High Court) In the instant case, the respondent has issued the impugned notice and the petitioner has straightaway approached this Court and filed this writ petition. In my considered view, this writ petition is not the proper remedy, which the petitioner should have availed. In this regard, it is relevant […]

To do list for SCOMET Policy /Procedure for feedback from industry

September 13, 2018 906 Views 0 comment Print

These measures include centralised issue of SCOMET licenses from DGFT Headquarters, live status of license applications on the home page of DGFT website under ‘export facilitation’ and recent public notices simplifying the procedure for export of SCOMET items.

CIT cannot disturb stock valuation method followed by Assessee consistently

September 12, 2018 4227 Views 0 comment Print

M/s. Sree Alankar Vs PCIT (ITAT Cuttack) In the instant case, we find that it is not in dispute that the assessee is consistently following the same method of valuation of closing stock which was also followed in the year under consideration. The profit was deduced in accordance with the method adopted by the assessee. […]

Service Tax Payment before issue of SCN not a bar to Impose Penalty

September 12, 2018 6867 Views 0 comment Print

N & N Chopra Consltants Pvt. Ltd Vs Principal Commissioner, Goods & Service Tax & Central Excise (Delhi High Court) The facts of this case, in the opinion of this court, notes that the assessee was aware about its service tax liability; despite this knowledge, it filed its returns claiming that no liabilities were attracted. […]

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

September 12, 2018 1401 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 6933 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 1185 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 1221 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 21582 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 2367 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.

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