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Transactions, cannot be doubted merely because companies have meager income or for mere non-production of director

May 31, 2018 1194 Views 0 comment Print

Zion Promoters & Developers (P) Ltd. Vs Addl. CIT (ITAT Delhi) The investment in the share of the assessee company by the above five companies whose directors appeared before the Assessing Officer and whose statements were recorded and full details were filed substantiating the identity and creditworthiness of the investor companies and the genuineness of […]

Allow cost accountants to issue certificates related to GST Refund: ICAI CMA

May 31, 2018 9282 Views 3 comments Print

Inclusion of Cost Accountants for undertakings/submission of Certificates to the exporters to overcome the problem of refund blockage and post audit scrutiny

Addition based on mere Statements during Survey without any Tangible Materials is invalid

May 31, 2018 3648 Views 0 comment Print

DCIT Vs M/s. Real Strips Ltd. (ITAT Ahmedabad) The addition was solely made on the basis of the statement furnished by the production manager of the assessee at the time of survey. The lower authorities have not brought any iota of evidence suggesting that the assessee has suppressed the production leading to suppressed sale out […]

For Similar Transactions with Related and Unrelated Parties if Price is Comparable, It is taken to be at ALP

May 31, 2018 1071 Views 0 comment Print

Axis Risk Consulting Services Private Limited. Vs DCIT (ITAT Delhi) the only dispute before us is with regard to the adjustment by way of imputing interest @ 17.22% by the TPO on account of receivables from the AE. Here in this case, it is an undisputed fact that the assessee has also rendered similar services […]

SEBI (Employees Service) (Second Amendment) Regulations, 2018

May 31, 2018 1242 Views 0 comment Print

External assignment means the temporary posting to another organisation, including secondment, tour of duty and staff exchange programme, wherein the accrual and disbursement of remuneration including pay, allowances and perquisites would be borne by the Board.

Income Transferred from Capital Fund A/c to Income is eligible for deduction U/s. 11

May 31, 2018 2106 Views 0 comment Print

Income Transferred from Capital Fund A/c to Income is eligible for deduction U/s. 11of Income Tax Act, 1961 and provisions of Section 11(3)(c) of the Act clearly permits to utilize the funds either within the specified period or in the next year immediately following the expiry of the period

Addition U/s. 69A can only be made when assessee found to be in possession of money bullion jewellery, etc., not recorded in his books of account

May 31, 2018 25350 Views 0 comment Print

DCIT Vs M/s. Karthik Construction Co. (ITAT Mumbai) As could be seen, the Assessing Officer raised suspicion on the loan repayment by doubting the genuineness of the unsecured loan availed by the assessee against which such loan repayment was made. However, as per the facts on record, unsecured loans which were repaid by the assessee […]

No Anti Profiteering due to charging of GST on Installation of Lift : NAA

May 31, 2018 1797 Views 0 comment Print

The present report dated 16.04.2018, has been received from the Director General of Safeguards (DGSG) after detailed investigation under Rule 129 (6) of the Central Goods & Services Tax (CGST) Rules, 2017. The brief facts of the case are that an application dated 20.09.2017 was filed by above applicant before the Standing Committee, constituted under Rule 123 (1) of the above Rules alleging that the Respondent had not charged GST on the base price of the lift ordered by him from the Respondent, after excluding the pre-GST Excise Duty on the material component and thus he had been charged tax twice on the same material.

Withdrawal of Exemptions Granted to Government Owned NBFCs

May 31, 2018 1188 Views 0 comment Print

On a review, it has been decided to make the NBFC regulations applicable to Government NBFCs as per the timeline indicated in the Annex to this circular. Government NBFCs that are already complying with the prudential regulation as per the road map submitted by them shall continue to follow the same.

Clarifications on 5 Main issues related to GST refund

May 30, 2018 40584 Views 2 comments Print

CBIC has issued a Circular No. 45/19/2018-GST dated 30th May 2018 to clarify on following 5 GST refund related issues- 1. Claim for refund filed by an Input Service Distributor, a person paying tax under section 10 or a non-resident taxable person: 2. Application for refund of integrated tax paid on export of services and […]

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