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Tribunal should pass the order within three months of the hearing

June 30, 2018 6852 Views 0 comment Print

Ms. G. Shoe Exports Vs ACIT (ITAT Mumbai) In this case, admittedly the Tribunal order was passed beyond three months from hearing. No reason whatsoever for the delay has been recorded. As held by the Hon’ble jurisdictional High Court above, such delay is incurable and even administrative clearance cannot cure the same. As held by […]

Onus on assessee to justify allottment of shares to outsiders at exorbitant premium

June 30, 2018 1092 Views 0 comment Print

M/s. Pratik Syntex Private Ltd Vs. ITO (ITAT Mumbai) In the instant appeal before us, the inspector was deputed by the AO to make field enquiries who could not locate these three shareholders and the assessee also could not furnish the current addresses of these three new shareholders. These in the instant case before us, […]

Power of AO to change assessee’s status while processing Return and issuing intimation U/s. 143(1)

June 30, 2018 4617 Views 0 comment Print

It is clear from bare reading of section 143(1) that change of status as done by AO does not fall within any of the clauses thereof. Also, it could not be said that change of status of assessee fell within the meaning of expression ‘an incorrect claim apparent from any information in the return’ as laid down in Explanation (a) to section 143(1). Accordingly, intimation issued under section 143(1) changing the status of assessee was not in accordance with law and AO was, therefore, directed to modify the intimation accepting the return of income as it was.

ITAT on Genuineness of Gift of Shares by A Company to other Group Company

June 30, 2018 9174 Views 0 comment Print

That the order passed by Assessing Officer (‘AO’) dated 30.12.2016 as upheld by the Commissioner of Income Tax (Appeals) (‘CIT(A)’) dated 29.12.2017 and the additions/disallowances made and upheld are illegal, bad in law and without jurisdiction.

GST on Supply of bus body on chasis supplied by principal on job work basis

June 30, 2018 2661 Views 1 comment Print

Activity of Body Building undertaken by the Applicant, carried out on the chasis supplied by the principal in the capacity of a job worker, would amount to ‘Composite Supply’ as define under CGST Act 2017/MPGST Act 2017;

Addition for Cash Deposited in Joint Account cannot be made to an A/c holder if he/she Proves that same belongs to other Joint A/c Holder

June 29, 2018 6987 Views 0 comment Print

The question, however, as we see it, is not the amount at which the land was actually sold, which is in the following year, but whether the cash deposit of Rs.49 lacs could be said to form part of the transaction of sale of land by the assessee’ s father. S

GST: Provisions of TDS and TCS suspended till 30.09.2018

June 29, 2018 8031 Views 1 comment Print

The competent authority has decided that the provisions of sections 51 and 52 of the Central Goods and Services Tax Act, 2017 relating to tax deduction at source (TDS) and collection of tax at source (TCS) respectively, shall remain suspended till 30.09.2018.

Reverse charge mechanism u/s 5(4) of IGST Act suspended till 30.09.2018

June 29, 2018 6858 Views 3 comments Print

Seeks to exempt payment of tax under section 5(4) of IGST Act, 2017 till 30.09.2018 vide Notification No.13/2018 – Integrated Tax (Rate) dated 29th June, 2018.

Disallowance U/s. 14A not applicable on investment on which dividend received is chargeable to tax but allowed Rebate under DTAA

June 29, 2018 1422 Views 0 comment Print

Investments on whom dividend received, though chargeable to tax but allowed as rebate in view of DTAA agreement cannot be included for the purpose of computing disallowance u/s 14A of Income Tax Act.

Deduction U/s. 80IA not available on interest on FDR by a company engaged in providing infrastructure facilities

June 29, 2018 2160 Views 0 comment Print

The assessee company was engaged in the business of Developing, Maintaining and Operating of Infrastructure Facilities. Return declaring an income of Rs. 29,53,100/- was filed on 30/09/2009. The same was processed u/s 143(1) on 13/09/2010. Case was selected for scrutiny under CASS and notice u/s 143(2) was sent on 20/08/2010.

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