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Sabka Vishwas – Legacy Dispute Resolution Scheme notified ; to be operationalized from 1st September 2019

August 25, 2019 945 Views 0 comment Print

Sabka Vishwas – Legacy Dispute Resolution Scheme notified ; to be operationalized from 1st September 2019 Government expects Scheme to be availed by large number of taxpayers for closing their pending disputes relating to legacy Service Tax and Central Excise cases. In the Union Budget 2019-20, the Hon’ble Finance Minister announced the Sabka Vishwas Legacy […]

Substantial Expense on additional construction / renovation for improvement of building taken on lease is Capital in nature

August 25, 2019 3474 Views 0 comment Print

In the present case, the Assesses had incurred substantial expenditure towards renovation leading to enduring benefit. They are not merely repairs. The Assessees had also incurred expenditures towards improvement and construction of the building. These cannot be termed as ‘repairs’.

Sale of domain name is Sale of goods, Service tax not payable

August 25, 2019 4572 Views 0 comment Print

So far the demand for sale of domain name is concerned, the issue stands decided in favour of the appellant in the case of Tata Sons Limited (supra) wherein it has been held that transaction in domain name is a transaction in property in the goods and amounts to transaction of sale of goods. Domain name are akin to trade mark, making them the property of the person who owns it.

FAQs- Multi Purpose Empanelment Form (MEF) 2019-20

August 24, 2019 18975 Views 2 comments Print

Frequently Asked Questions (FAQs) APPLICABILITY / ELIGIBILITY Ques.: What is cut-off date for considering the constitution of the applicant for Multipurpose Empanelment Form (MEF) 2019-2020? Ans.: As per the Council decision, for Proprietary Concern/Partnership Firm/LLP the firm Constitution Certificate and for Individual/Sole Practitioner Members holding full time Certificate of Practice as on 1st January, 2019 […]

ITAT held 282 time Capital Gains from Penny Stocks as Bogus

August 23, 2019 3423 Views 0 comment Print

No doubt assessee has meticulously completed the paper work by routing his entire investment through banking channel but the results thereof are altogether beyond human probabilities. Because neither in the past nor in the subsequent years, assessee has indulged into any such investment having huge windfall. Had the assessee been so intelligent qua the intricacies of the share market, he would have definitely undertaken such risk taking activities in the past or future by making such investment in the unknown stock. So, we are of the considered view that what appears to be apparent in making investment by the assessee in unknown stock is not real when examined the whole transaction of sale and purchase of the stock with huge windfall to the assessee.

Failure to issue notice u/s 143(2) renders assessment order void even if assessee participated in proceedings

August 23, 2019 5058 Views 0 comment Print

CIT Vs Laxman Das Khandelwal (Supreme Court of India) S. 143(2)/ 292BB: The failure to issue a notice u/s 143(2) renders the assessment order void even if the assessee has participated in the proceedings. S. 292BB does not save complete absence of notice. For S. 292BB to apply, the notice must have emanated from the […]

Income from shares is capital gain if shares been held as investment with intention of Investment

August 23, 2019 1896 Views 0 comment Print

Where the assessee had clear intention of being an investor and had held shares by way of investment, assessee was to be treated as investor and any gain arising out of transfer of shares was to be treated as ‘capital gain’ and not ‘business income’.

12% GST on Affordable housing project Construction services provided after 25.01.2018

August 23, 2019 31635 Views 0 comment Print

we find that that the applicant’s case is covered under the tax rate of 12%, under Heading 9954 (Construction Services), (v) (da) of above mentioned Notification No. 11/2017, as amended since the project undertaken by them falls under the definition of Affordable Housing as also claimed by them in their application

Delhi HC upholds Vires of FCRA 2010; CBI can Investigate

August 23, 2019 2508 Views 0 comment Print

M/s Advantages India & Anr Vs Union of India & Ors (Delhi High Court) This Court is of the opinion that there is a principle and/or policy for guidance of exercise of discretion by the Government in the matter of selection of an investigative agency and there is no arbitrary, vague and uncontrolled power with […]

GST: Service relating to conduct of online exam is composite supply

August 23, 2019 9795 Views 0 comment Print

In re Attest Testing Services Limited (GST AAR Maharashtra) Question a):- Whether the services provided by the Applicant can be considered to be a composite supply as defined under section 2(30) of the CGST Act, 2017 or a mixed supply defined under section 2(74) of the CGST Act. 2017? Answer:-The subject services provided by the Applicant […]

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