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SEBI Master Circular for Commodity Derivatives Market

September 7, 2018 978 Views 0 comment Print

This Master Circular is a compilation of the circulars issued by Commodity Derivatives Market Regulation Department (CDMRD) pertaining to domestic commodity derivatives segment , which are issued till the date of this circular.

Estimation of NP: Separate addition for creditors & Loan cannot be done

September 7, 2018 1734 Views 0 comment Print

Shrinet & Shandilya Construction (P) Ltd. Vs Addl. CIT & DCIT (ITAT Delhi) Once the trading results and books of accounts have been rejected and income is being estimated by applying net profit rate on the declared gross contract receipt, then no other addition is required to be made on account of any other trading […]

Wharfage Charges is not Rent: TDS not deductible U/s. 194I

September 6, 2018 8094 Views 0 comment Print

M/s. MCC PTA India Corp. Pvt. Ltd. Vs ACIT (ITAT Kolkata) Section 35 of Major Ports Act 1963 empowers the Board to execute works providing appliances which includes wharves, quays, docks, stages, jetties, piers and other works within or without the port limits and also moorings and cranes, scales and all other necessary needs and […]

SC clarifies Retirement Age of ITAT President and Members

September 6, 2018 2853 Views 0 comment Print

We make it clear that the person selected as Member of the ITAT will continue till the age of 62 years and the person holding the post of President, shall continue till the age of 65 years.

Reopening Notice is without jurisdiction if it do not specify quantum of tax which escaped assessment

September 6, 2018 1959 Views 2 comments Print

Dulraj U. Jain Vs ACIT (Bombay High Court) Section 147 / Section 148– Reasons recorded do not specify, prima-facie, the quantum of tax which has escaped assessment but merely states that it would be atleast be Rs.1,00,000/-. Prima-facie, we are of the view that the reasons recorded do not indicate reasonable belief of the Assessing Officer himself to issue the impugned […]

Mere genuineness of Transaction not enough for non levy of Penalty U/s. 271D

September 6, 2018 1989 Views 0 comment Print

Deepak Sales & Properties Pvt. Ltd  Vs  ACIT (ITAT Mumbai) There is no dispute between the parties that bonafide nature of transactions alone would not be sufficient to escape the clutches of sec. 271D of the Act. As per the decision rendered by Hon’ble Supreme Court in the case of Kum. A.B. Shanthi (supra), it […]

Introducing Customers to Financial Institutes for Commission is BAS

September 6, 2018 747 Views 0 comment Print

Preet Financial Services Pvt. Ltd. Vs C.S.T.-Service Tax (CESTAT Delhi) Business model of the appellant was such that they used to get commission from financial institutes for introducing customers. The said financial institutes used to pay commission in a fixed percentage on the loan amount disbursed to the end customer. After this commission, the appellant […]

No Penalty U/s. 271AAA if Assessee substantiated the manner in which undisclosed income was derived

September 6, 2018 1452 Views 0 comment Print

As the assessee had discharged his onus by substantiating the manner in which undisclosed income was derived, being the savings of his wife, and had paid the due tax thereon, no penalty proceedings could be initiated against assessee.

Monetary limit raised for filing application in Debts Recovery Tribunals

September 6, 2018 1779 Views 1 comment Print

Central Government has considered it necessary to raise the pecuniary limit from ten lakh rupees to twenty lakh rupees for filing application for recovery of debts in the Debts Recovery Tribunals by such banks and financial institutions.

ITAT justified in not allowing set-off of share trading business loss against cash credit addition

September 6, 2018 1365 Views 0 comment Print

Truptiben Bakulbhai Pate Vs ITO (Gujarat High Court) As assessee had neither filed her return of income declaring loss nor had shown such loss in her books of account, this clearly indicated that assessee deliberately withhold the bank account and transactions recorded therein. Further, as she had not furnished any explanation about non-disclosure of bank […]

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