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Provisions of section 14A cannot be invoked if there is no exempt income

December 22, 2017 3393 Views 0 comment Print

Undisputedly the assessee has not earned any exempted income. Now it is settled position of law that whenever assessee did not earn any exempt income, no dis allowance could be made u/s. 14A of the Act.

Remuneration mutually agreed between partners is allowable if partnership deed permits the same subject to limit u/s 40(b)

December 22, 2017 4374 Views 0 comment Print

Visakhapatnam bench of Income Tax Appellate Tribunal (ITAT) recently held that remuneration paid to partner cannot be disallowed since there is a clause existing in the partnership deed which specified the exceeding limit.

No Section 14A Disallowance if investments are business expediency & strategic investments

December 22, 2017 3282 Views 0 comment Print

No disallowance U/s 14A of Act need to be made by invoking the provisions of Rule 8D (2) (ii) of Rules as investments admittedly are business expediency investments and strategic investments.

Surcharge amp; cess not to be included to compute Tax Effect

December 22, 2017 2595 Views 0 comment Print

Surcharge and education cess should not be included, while calculating the tax effect. Since the tax thereon was Rs. 9 Lakhs only, which is less than Rs. 10 Lakhs limit prescribed, the Bench was of the opinion that there was no merit in the Miscellaneous Application filed by the Revenue.

Circular No. 52/2017-Customs (Updated upto 17.09.2018)

December 22, 2017 6264 Views 0 comment Print

CBIC dcided to leverage the introduction of this new technology being provided under Managed Service Provider system to monitor and facilitate transshipment of consignments sealed at ICDs/CFSs and destined for export to Nepal or Bangladesh. Exporters opting to avail the facility for export of goods to Bangladesh or Nepal may do so through the following ICDs / CFSs.

Application to revise return to cure Genuine Accounting Mistake can be made within Permitted Time

December 22, 2017 1389 Views 1 comment Print

Though the Learned Special Government Pleader pointed out that it is a mistake of the Accountant and cannot be rectified, in my view, if a genuine mistake has crept-in, then, within the time permitted under the Statute, the dealer is entitled to file revised Form WW or revised return.

Notification No. 95/2017-Customs, Dated: 22.12.2017

December 22, 2017 9390 Views 0 comment Print

Notification No. 95/2017-Customs Seeks to amend notification No. 152/2009-Customs dated 31.12.2009 so as to provide deeper tariff concessions in respect of specified goods imported from Korea RP under the India-Korea Comprehensive Economic Partnership Agreement (CEPA) w.e.f. 01.01.2018

Notification No. 94/2017–Customs, Dated: 22.12.2017

December 22, 2017 2253 Views 0 comment Print

Notification No. 94/2017–Customs Seeks to further amend Notification No. 69/2011-Customs, dated 29th July, 2011 so as to provide a deepen the concessional rate of basic customs duty in respect of tariff item 8708 40 00 [gear box and parts thereof, of specified motor vehicles], w.e.f. 1st of January, 2018, when imported under the India-Japan Comprehensive Economic Partnership Agreement (IJCEPA)

Wealth Tax on Land, Ownership of which was in Dispute

December 22, 2017 1797 Views 1 comment Print

Hyderabad bench of Income Tax Appellate Tribunal (ITAT) recently held that wealth tax proceedings cannot be proceed against the assessee when the ownership of the land is in dispute.

Penalty cannot be imposed for mere delay in producing E-Way Bill: Allahabad High Court

December 22, 2017 4161 Views 0 comment Print

It does appear that the E-Way Bill had been downloaded and produced though with some delay but before conclusion of the penalty proceedings.

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