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Deduction U/s. 80P(2)- Primary agricultural credit society?

February 8, 2018 4074 Views 0 comment Print

An institution registered as a Primary Agricultural Credit Society (PACS) was not entitled to obtain Banking License and, therefore, could not be considered as bank not entitled for deduction under section 80P(2).

No tax on JDA which never materialized for want of permissions

February 8, 2018 3426 Views 1 comment Print

Capital gain arising under a Joint Development Agreement which never materialized for want of necessary permissions was nothing but a hypothetical income and the same could not, therefore, be taxed under section 45 read with section 48.

Service recipient not liable to service tax on construction activities carried through contractors

February 8, 2018 2109 Views 0 comment Print

The CESTAT, Delhi bench has held that the Chhatisgarh Housing Board cannot be made liable for service tax for the construction activities carried through contractors.

How to claim GST refund of ITC accumulated due to Inverted Tax Structure

February 8, 2018 19128 Views 4 comments Print

To file for refund of ITC accumulated on account of Inverted Tax Structure, perform the following steps on the GST Portal: 1. Access the GST Portal. The GST Home page is displayed.

How to file for GST refund as a recipient of deemed export?

February 8, 2018 4677 Views 0 comment Print

Taxpayers can file for refund of IGST / CGST / SGST / UTGST / Cess if any amount is due to them from the tax administration. Filing for refunds is a post-login functionality, which means that the Taxpayer must login to the GST Portal with their valid login credentials before filing a refund application.

Direction for Processing of refund under DGST Act, 2017

February 8, 2018 1899 Views 0 comment Print

All Asst. Commissioners/GSTOs, who have been assigned powers under section 54 of the Delhi Goods and Services Tax (DGST) Act, 2004 (Delhi Act 3 of 2017) are hereby directed to process the refund cases of DGST Act in the following manner:-

Concealment of income & furnishing of inaccurate particulars are distinct and separate charge

February 7, 2018 20184 Views 0 comment Print

Where in the assessment order, penalty proceedings have been initiated mentioning a specific charge and in the accompanying notice, the assessee is called upon to furnish his explanation in respect of both the charges, the notice obviously suffers from either non-application of mind or diffidence on the part of the AO.

Deduction U/s. 54F cannot be claimed on Capital gains arising in the hands of spouse

February 7, 2018 1659 Views 0 comment Print

Deduction under section 54F was in respect of capital gain arising in the hands of wife of assessee, should have been claimed in the return of income filed by the wife of assessee, therefore, claim of assessee under section 54F was liable to be rejected.

Sec 292B can’t be cure Non-application of mind in issue of Re-Assessment Notice

February 7, 2018 1653 Views 0 comment Print

Smt. Kalpana Shantilal Haria Vs. Assistant CIT (Bombay High Court) There can be no dispute with regard to the application of Section 292B of the Act to sustain a notice from being declared invalid merely on the ground of mistake in the notice. However, the issue here is not with regard to the mistake / […]

Addition in the hand of company cannot be made for items belonging to directors which was duly proved with Supporting Evidences

February 7, 2018 648 Views 0 comment Print

The Income Tax Appellate Tribunal in its recent order ruled that addition made under the Income Tax Act, 1961 solely on the basis of confessional statement without any supporting evidence is Invalid.

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