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Income from Share cannot be treated as Business merely for Frequent Transactions

June 29, 2018 1092 Views 0 comment Print

DPJ Viniyog Pvt. Ltd. Vs DCIT (ITAT Kolkata) Assessing Officer treated the income on account of purchase and of shares under the head ‘business income’ instead of under the head ‘capital gain’ as claimed by the assessee. On Appeal CIT(A) held that assessee is making purchase and sale on a continuous basis and besides being […]

Proper Notice U/s. 148 is must for initiating reassessment proceeding

June 29, 2018 5145 Views 0 comment Print

Sh. Shridhar Bedi through Legal Heir Vs ITO (ITAT Amritsar) Proper notice u/s 148 of the Act for initiating reassessment proceeding is not a mere procedural requirement but the service of the prescribed notice on the assessee is a condition precedent to the validity of any of the reassessment made u/s 147. It is settled […]

Interest u/s 234A not leviable on extended period of Return FIling

June 29, 2018 1746 Views 0 comment Print

M/s. Nidhi Packers Pvt. Ltd. Vs ITO (ITAT Kolkata) Learned counsel for the assessee has contended that the due date of filing of return of income for the year under consideration was extended by the CBDT by a period of 15 days and since the return originally filed by the assessee was within such extended […]

TDS U/s. 194J not deductible on Payment for outright purchase of copyright and technical know-how

June 29, 2018 14880 Views 0 comment Print

Payment towards outright purchase of copyright and technical know-how over the software could not be treated as royalty paid for acquisition of right to use copyrights and technical know-how, therefore, said payment could not be subjected to TDS under section 194J.

No Service Tax under GTA Services on transportation of Cars by Car dealer to Customers

June 29, 2018 1413 Views 0 comment Print

The appeals are directed against the Order in Original No. 20/2013 dated 11.03.2013 as well as Order-in-Original No.66/2013 dated 07.11.2013. The appellant is a dealer of M/s. Maruti Udyog Ltd. (in short hereinafter called as “MUL”) in respect of the cars manufactured by MUL

Amount forfeited due to breach of lease contract is allowable Business expenditure

June 29, 2018 6531 Views 0 comment Print

Security deposit for taking office space on lease and subsequently terminating the agreement due to business consideration was a business decision and loss on account of forfeiture of security deposit had occurred in the course of business and was, therefore, allowable.

GST rate on services rendered by way of plantation activities

June 29, 2018 60357 Views 1 comment Print

Commissionerate of CT and GST, Odisha (At Cuttack) (Finance Department, Government of Odisha) Clarification No. POL-56/3/2017-Policy 9160/CT, Dated 21st June, 2018 To Director (Finance) Odisha Forest Development Corporation Bhubaneswar Sub: Clarification on GST rate applicable on services rendered by way of plantation activities Ref: Your letter no. 10175/Dt.28.05.2018 Sir, I am directed to clarify the […]

BEE recommendations on temperature setting of Air Conditioners: FAQs

June 29, 2018 1335 Views 0 comment Print

Bureau of Energy Efficiency (Ministry of Power) has issued the guidelines to major commercial establishments with the objective of conserving energy through optimum temperature settings for the Air Conditioners, within the comfort zone /chart.It is estimated that changing the temperature from conventional 20-21 degree Celsius can result in approximately at 24 per cent of energy savings.

UTGST: Reverse charge mechanism u/s 7(4) suspended till 30.09.2018

June 29, 2018 1305 Views 0 comment Print

Seeks to exempt payment of tax under section 7(4) of the UTGST Act, 2017 till 30.09.2018 vide Notification No.12/2018 –Union Territory Tax (Rate) dated 29th June, 2018

Statement U/s. 133A is merely information simplicitor and not evidence per se

June 29, 2018 3432 Views 0 comment Print

Respondent assessee is a private limited company. The business premises of the company was subjected to survey operation under section 133 of the Income Tax Act, 1961 (the Act for short). During the survey operation, the Revenue claimed to have seized and impounded a diary which allegedly reveal certain cash transactions with respect to sell of Vatva land. Statement of the directors of the company were also recorded.

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