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Goods seized for non filing of Part-B of E-way Bill must be be released on security

September 1, 2018 1512 Views 0 comment Print

The submission of Sri Vishwjit, learned counsel for the petitioners is that the seizure is on account of non filing Part-B of E-way Bill. Part-B of E-Way Bill requires the details of the vehicle carrying the goods and the destination.

TDS not deductible on Interest Paid to NOIDA Authority: SC

September 1, 2018 8136 Views 0 comment Print

Hon’ble SC held that Though NOIDA is not a local authority, it is a corporation established by Act and so payments to it are not liable to TDS U/s.194A of Income Tax Act, 1961.

IPE shall inform IBBI about Cessation / Joining as Director / Partner

August 31, 2018 906 Views 0 comment Print

t is directed that an IPE shall inform the Board: – (a) within seven days from the date when an insolvency professional ceases to be its director or partner or joins as its partner or director; and (b) forthwith and in any case, not later than 7th September, 2018, if it has failed to inform any cessation or joining of an insolvency professional as its partner or director in the past.

New system will allow taxpayers to amend their GST Returns

August 31, 2018 2172 Views 1 comment Print

On the GST front, four Amendment Acts have been notified. These aim at reducing the compliance burden and enhance the ease of doing business. One of the most important features is that they facilitate the new system of return filing approved by the GST Council and will allow taxpayers to amend their tax returns in […]

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

August 31, 2018 4425 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 819 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 2166 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 20481 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 7677 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 4944 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 […]

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