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S.68 Addition cannot be made merely because Investor Company was from Kolkata

February 13, 2018 2895 Views 0 comment Print

Share application money cannot be treated as unexplained credit if the AO does not make any investigation on the documentary evidences filed by the assessee or ask for the production of the investors for examination u/s 131 or if adverse material is found during search to prove that share application money is bogus or an arranged affair of the assessee

Budget 2018-19 puts a premium on honest investment: Piyush Goyal

February 13, 2018 1152 Views 0 comment Print

NEW DELHI, 12 February 2108: Union Minister of Railways Mr. Piyush Goyal today said that Budget 2018-19 proposals were aimed at removing the structural impediments to attain long term growth, a budget that rises above populism and puts a premium on honest investment towards building a New India.

Amount W/off not allowable for which suit been filed till disposal of such suit

February 13, 2018 1227 Views 0 comment Print

Health and Glow Retailing Pvt. Ltd. Vs. ACIT (ITAT Bangalore) Assessee has taken premise on rent for which he has given interest-free refundable security deposit of Rs. 11,70,000 to the landlord. When the assessee could not continue with the possession, he claimed the entire amount back which was not given by the landlord, therefore he […]

Working Capital Constraints & Exports: Evidence from GST roll out

February 12, 2018 2082 Views 0 comment Print

The implementation and refund delays under the new tax regime of Goods and Services Tax (GST) seem to have led to working capital constraints for firms, which in turn might have hurt their exports in October 2017.

TDS U/s. 194 not applicable on reimbursement of Payment

February 12, 2018 4569 Views 0 comment Print

As such, the assessee cannot be treated as the assessee in default in not deducting tax at source under section 194J of the Act. The arguments of the revenue that the fees paid by the assessee is towards technical services is imaginary one not established with substantial material.

AO cannot Review Original Assessment without any Fresh Tangible Material

February 12, 2018 825 Views 0 comment Print

In the Case, Commissioner of Income Tax vs Ram Kumar Duhan, Punjab and Haryana High Court jointly held that the Assessing Officer (AO) has no power to review original assessment without any fresh tangible material.

RBI notifies Revised Framework for Resolution of Stressed Assets

February 12, 2018 2598 Views 0 comment Print

The Reserve Bank of India has issued various instructions aimed at resolution of stressed assets in the economy, including introduction of certain specific schemes at different points of time.

Service tax leviable on Consideration for providing Common facilities under ‘renting of immovable property’

February 12, 2018 1509 Views 0 comment Print

The Delhi bench of the CESTAT, on Monday, held that service tax is payable on the amount received for providing Common facilities under the head renting of immovable property through the same was received under a separate agreement.

Tax on Sale of land which was leased for a very long period

February 12, 2018 18339 Views 0 comment Print

Where assessee had transferred land owned by it to lessee for a long period but subsequently when the lessee company went into liquidation had transferred lease right, the same was taxable under the head Capital gains instead of Income from other sources because even though the land was transferred for a long period, the actual ownership of the land remained with assessee.

Non recovery of debtors for almost 3 years is sufficient reason to write off and claim as revenue loss

February 12, 2018 20409 Views 0 comment Print

In the case between General Capital and Holding Company Pvt. Ltd vs Income Tax Officer, Ahmedabad bench of Income Tax Appellate Tribunal (ITAT) held that deduction under Section 80G of the Income Tax Act 1961 is allowable in the year of actual payment as well as that of getting the necessary donation receipt.

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