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RBI discontinues issuance of LoUs/ LoCs for Trade Credits for imports: Nirav Modi Effect

March 13, 2018 1389 Views 0 comment Print

It has been decided to discontinue the practice of issuance of LoUs/ LoCs for Trade Credits for imports into India by AD Category –I banks with immediate effect. Letters of Credit and Bank Guarantees for Trade Credits for imports into India may continue to be issued subject to compliance with the provisions contained in Department of Banking Regulation Master Circular No. DBR. No. Dir. BC.11/13.03.00/2015-16 dated July 1, 2015 on “Guarantees and Co-acceptances”, as amended from time to time.

Disputed Commission cannot be taxed unless received

March 12, 2018 10689 Views 1 comment Print

DCIT Vs. S.V.S Prop mart Pvt. Ltd. (ITAT Delhi) Assessing Officer has mentioned in the Assessment order about the submissions made by the assessee that the commission was not received by the assessee company on account of dispute with the said party. Since the commission income has not been settled and crystallized, the same has […]

Date of Cheque Presentation is date of payment of Service Tax

March 12, 2018 3273 Views 0 comment Print

There is demand of interest for the intervening period from the date of presentation of cheque till its realization. I find that as per Rule 6 (2A) of the Service Tax Rules, 1994, the date of presentation of cheque is the date of payment of Service tax. Same view has been taken by the Tribunal in the case of Travel Inn India Pvt. Ltd.

It is not for the TPO to decide best business strategy for assessee

March 12, 2018 2736 Views 0 comment Print

It is not for the TPO to decide the best business strategy for the assessee. The Hon’ble High Court also held that This whimsical fixation by the TPO amounts to an arbitrary and unbridled exercise of power.

No Deemed Dividend U/s. 2(22)(e) If Assessee is not a Shareholder in Payer Company

March 12, 2018 2499 Views 0 comment Print

Mr. Tushar Kothari Vs. DCIT (ITAT Delhi) The intention behind enacting provisions of Section 2(22)(e) is that closely held companies (i.e. companies in which public are not substantially interested), which are controlled by a group of members, even though the company has accumulated profits would not distribute such profit as dividend because if so distributed […]

Hedging of Commodity Price Risk and Freight Risk in Overseas Markets (Reserve Bank) Directions

March 12, 2018 1455 Views 0 comment Print

RBI had earlier constituted a Working Group to review the guidelines for Hedging of Commodity Price Risk by Residents in overseas markets (Chairman: Shri Chandan Sinha). Based on the report of the working group and comments received on the report, draft directions for hedging of commodity price risk and freight risk were released for comments on Jan 12, 2018.

Launch of Income Tax Business Application – Investigation Module Phase 4

March 12, 2018 2745 Views 0 comment Print

This is in reference to the subject mentioned above. Phase 4 of the Investigation Module has been rolled out on 12.03.2018.

Section 54/ 54F Flat booked with builder can be considered as construction of flat

March 12, 2018 29352 Views 6 comments Print

ACIT Vs. Sh. Vineet Kumar Kapila (ITAT Delhi) ITAT held that booking of flat with the builder has to be treated as construction of flat by the assessee and hence period of three years would apply for construction of new house from the date of transfer of long term capital asset. Therefore, the Ld. CIT(A) has […]

Disallowance of expenses cannot be made by mere intimation U/s. 143(1)(a)

March 11, 2018 6876 Views 0 comment Print

Bajaj Auto Finance Ltd. Vs. CIT (Bombay High Court) While mere making of provision for bad debts will not by itself (on application of amended law) entitle the party to deduction, yet it would be a matter where the assessee should be given an opportunity to establish its claim. This by producing its evidence of […]

Deduction U/s. 54F cannot be denied for Non-completion of construction of new residential house within specified period of three years

March 11, 2018 3447 Views 0 comment Print

Once assessee had invested sale proceeds of existing asset for the purpose of construction of new house within the time period specified under section 54F he could not be denied the benefit under the section, even if the assessee finally could not construct the new house within the specified period of three years.

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