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Views on reintroduced tax on long-term capital gains and issues arising therefrom

February 9, 2018 7194 Views 0 comment Print

Many months before the presentation of the Union Budget 2018 on 1 February 2018, newspaper reports had predicted the possibility of re-introduction of tax on long-term capital gains arising from transfer of listed equity shares / units of equity oriented mutual funds / units of business trust (specified assets).

Sec. 54 Cost of residential house includes cost of furniture if it forms part of house Purchase

February 9, 2018 36468 Views 1 comment Print

It could not have been open to the authorities below to treat the payment of Rs 18,00,000 on account of furniture and fixtures on standalone basis, and thus exclude it as a separate item rather than as a cost of the residential house so purchased. In our considered view, therefore, the assessee is entitled to deduction under section 54F by treating entire amount of Rs 78,00000 as the “cost of the residential house” purchased within specified time limit under section 54.

RBI Cautions about Fake Websites in its Name

February 8, 2018 879 Views 0 comment Print

It has come to the notice of the Reserve Bank of India that a fake website of the Reserve Bank of India has been created with the URL www.indiareserveban.org by some unknown person(s).

Deduction U/s. 54 despite non completion of Flat Construction by developer

February 8, 2018 9384 Views 1 comment Print

This appeal of the revenue is directed against the order of the Commissioner (Appeals)-9, Chennai, dated 30-5-2017 and pertains to assessment year 2013-14.

Disallowance justified for non deduction of TDS on Provision for Audit Fees

February 8, 2018 13206 Views 0 comment Print

Since assessee had made provision for audit fees to account of payee, provisions of section 194J were clearly attracted and non-deduction of tax at source would automatically invite disallowance under section 40(a)(ia).

No excise on supply of various bought-out electrical items and accessories as BPL Kits

February 8, 2018 1293 Views 0 comment Print

Quashing the demand of excise duty on the activity of providing BPL Kits, the Delhi bench of the CESTAT observed that to levy central excise duty on any goods, the same should have been produced or manufactured in India.

Sec. 292 cannot cure mistake of sending notice in the Name of Deceased Assessee

February 8, 2018 1680 Views 0 comment Print

ITO Vs. Late Sh. Ram Kumar (ITAT Delhi) It is observed from the assessment order passed by Ld. AO that Ld. AO was well informed regarding the demise of assessee. He was supposed to bring the legal heirs on record as per the details submitted before him during assessment proceedings itself. Once the non-existence of […]

Gains made on sale of shares now taxable

February 8, 2018 4584 Views 4 comments Print

As per the proposed amendment and insertion of new section 112A of the Income-tax Act, 1961, long-term capital gains made on sale of equity shares or equity-oriented unit to be taxable at the rate of 10% with effect from 1 April 2018.

Whether subsidy by Government is capital receipt or revenue receipt

February 8, 2018 24531 Views 0 comment Print

Recently the Supreme Court while disposing off the batch of cases along with Chaphalkar Brothers [TS-589-SC-2017] held that grant of subsidies by the State Governments of India by way of exemption from entertainment tax to newly constructed multiplexes would qualify as capital receipt under the Indian Tax Act.

Amount paid to RMCs for Foreign Currency Purchase cannot be treated as Commission liable to TDS

February 8, 2018 6480 Views 0 comment Print

DCIT Vs. M/s. Cox & Kings (I) Ltd. (ITAT Mumbai) Assessee has a foreign exchange division approved by the RBI and is authorized to buy foreign exchange and travelers cheques from RMCs and others and sell them to persons in need of them. RMCs are also authorized by RBI to buy foreign currency from non […]

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