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Bombay HC on inclusion of insurance and carrying charges in ‘Sale Price’

October 22, 2017 3051 Views 0 comment Print

A division bench of the Bombay High Court, on Monday, held that insurance charges and carrying charges do not form part of the sale price under section 2(29) of the Bombay Sales Tax Act, 1959. A bench comprising Justices R.K Deshpande and Manish Pitale was hearing a departmental appeal against the order of the Maharashtra Sales Tax Tribunal wherein the Tribunal held that insurance charges and carrying charges do not form part of the sale price under section 2(29) of the Bombay Sales Tax Act, 1959.

DDT cannot be charged to tax in a different year merely for Mistake of Assessee

October 22, 2017 6228 Views 0 comment Print

M/s Drawmet Wires Pvt. Ltd. Vs. ACIT (ITAT Jaipur) It is settled proposition of law that DDT is chargeable only in the year when it is declared, distributed or paid and not prior to that. In the case on hand the assessee has produced all relevant record to show that the dividend was proposed by […]

Bad debts not allowable if same was not part of income in earlier previous year

October 21, 2017 1341 Views 0 comment Print

A debt means something more than a mere advance. It means something which is related to business or results from it. To be claimable as a bad or doubtful debt it must first be shown as a proper debt

Interest u/s 234A/ 234B cannot be levied in absence of any mention in Assessment Order

October 20, 2017 5565 Views 2 comments Print

In the absence of any specific mention of the Assessing Officer in the assessment order for charging of interest u/s 234A and 234B, no interest would be recovered from the assessee merely by way of a demand notice.

S. 271B No penalty Failure to get accounts audited for Bona fide belief that assessee not liable to get audited

October 20, 2017 11118 Views 0 comment Print

The issue is with respect to levy of penalty under section 271B of the Act. It is an undisputed fact that assessee is engaged in the business of Advertising Agency and during the year under consideration the commission earned from the Advertising Agency was not in excess of the limits prescribed under section 44AB for the purpose of getting the books audited.

No penalty for Bona fide belief that capital loss was not required to be considered U/s. 10(38)

October 20, 2017 1296 Views 0 comment Print

DIT Vs. Nomura India Investment Fund (Bombay High Court) Provisions of section 271(1)(c) can only be invoked upon satisfaction of the ingredients as laid down in the said section. In the present case, it appears that the assessee had disclosed in its return the loss of Rs. 80.64 Crores sustained by him and further in the return, note was also given that it reserves its right to carry forward the loss.

Pilot implementation of paperless processing under SWIFT

October 20, 2017 714 Views 0 comment Print

It is brought to the notice of the trade, public and all stake holders that with the objective of reducing physical interface between Customs, other regulatory agencies and the trade, and to further enhance the speed of clearance of import cargo, it has been decided to introduce a facility to upload digitally signed supporting documents on a pilot basis at Air Cargo Complex, New Delhi. The said pilot shall cover all types of imports under ICES.

Interest on advances received under Sub-Lease Agreement with defective Title

October 19, 2017 1242 Views 0 comment Print

The Bengaluru ITAT, on Wednesday, confirmed the dis allowance of interest expenses claimed on advances received under sub-Lease agreement since there was a defect in the title of the assessee on the subject property.

Evidences required to be produced by supplier of deemed export for claiming refund

October 18, 2017 14622 Views 1 comment Print

Seeks to notify the evidences required to be produced by the supplier of deemed export supplies for claiming refund under rule 89(2)(g) of the CGST rules, 2017

Draft Notification of amendment of Income Tax Rule 17A and Form 10A

October 18, 2017 5535 Views 0 comment Print

Vide Finance Act, 2017, a new clause (ab) was inserted in sub-section (1) of section 12A the Income-tax Act, 1961 (the Act) w.e.f 01.04.2018 to the effect that where a trust or an institution, which has been granted registration under sections 12A or 12AA of the Act

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