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ICAI President’s Message – May 2019

May 1, 2019 711 Views 0 comment Print

The Institute of Chartered Accountants of India My dear Professional Colleagues, It is a well-established fact that since inception small and medium-sized practices (SMPs) have been playing a critical role in the growth of accountancy profession across the globe and comprise vast majority of the global professional fraternity. Globally, ICAI has always represented the concerns […]

Section 142A: Reference of matter to DVO by AO for valuation of property is not mandatory

April 30, 2019 19353 Views 0 comment Print

provisions of section 142A of the Act provides that the Assessing Officer may refer the matter to the DVO for the purpose of estimation of the value of the asset, property or investment and get a copy of the report from the DVO. The word ‘may’ makes it discretionary to refer the matter to the DVO. It cannot be said by any stretch of imagination that it is mandatory.

Section 54F Deduction cannot be denied for mere non deposit of amount in bank a/c

April 30, 2019 18024 Views 0 comment Print

Where assessee did not deposit sale consideration in the bank account maintained under the capital gains scheme before the due date of filing of return but otherwise purchased new house within two years, as stipulated in section 54F(1), then deduction under section 54F could not be denied to assessee.

No Tax on Amount received by a partner on his retirement from firm

April 30, 2019 2079 Views 0 comment Print

Pr. CIT Vs Smt. Hemlata S Shetty (Bombay High Court) Amount received by a partner on his retirement and the partnership firm is not subjected to tax in the retiring partner’s hands in view of Section 45(4) of the Act. The liability, if any, to pay the tax is on the partnership firm in view […]

GST payable on membership/admission fees collected by Rotary Club

April 30, 2019 23625 Views 0 comment Print

In re Rotary Club of Mumbai Queens Necklace (GST AAR Maharashtra) Q.1:- The questions/ issues before Your Honor for determination is whether the amount collected as membership subscription and admission fees from members is liable to GST as supply of services? Answer :- Answered in the affirmative, in view of the observations/discussions made above. Q.2:- […]

Retrospective amendment in section 9(1)(vi) cannot override India-Ireland DTAA

April 30, 2019 5172 Views 0 comment Print

Ixia Technologies International Ltd. Vs ACIT(IT) (ITAT Kolkata) Since assessee`s case is covered by beneficial provisions of the India-Ireland DTAA, hence the retrospective amendment made in the provisions of section 9(1)(vi) of the Act, which provides that royalty would include consideration for transfer of all or any rights in respect of any right property, (including […]

ITC on Repairing &Furniture & Fixture repairing work to Hotel

April 30, 2019 52533 Views 1 comment Print

In re M/s Rambagh palace Hotels Pvt. Ltd. (GST AAR Rajasthan) Q1 Building Repair Work Q1.1 Whether GST paid on building materials, such as cement, concrete, bricks, cement or marble or stone slabs or tiles, paint, polish and any other building materials meant for repair of building shall be available for ITC? Answer- ITC will […]

GST if applicant gets tobacco threshed and re-dried on job work basis & then sell to others

April 29, 2019 1014 Views 0 comment Print

What will be the applicable rate of tax if the applicant gets the tobacco threshed and re-dried on job work basis at others premises and then sells such threshed and re-dried tobacco leaves to others? 28% (14% SGST +14% CGST) as per Sl.No. 13 of Schedule IV Notification No. 1/2017 Central Tax (Rate) dated 28.06.2017.

Penalty U/s. 271(1)(c) on Disclosure of income due to search operation 

April 28, 2019 1047 Views 0 comment Print

Brijesh Jaikishin Rupani Vs ITO (ITAT Mumbai) ITAT Mumbai held that The income offered by assessee in income filed pursuant to issue of notice under section 153A was the income detected during the course of search and seizure operation. The case of assessee was squarely covered by provisions of Explanation 5A to section 271(1)(c), because […]

Section 80IB(10) deduction cannot be denied merely because land was held by original owner during project execution

April 28, 2019 1920 Views 0 comment Print

Where assessee had claimed deduction under section 80-IB in respect to income of housing development project, the same could not be rejected merely because the land was held by original owner when the housing development project was executed, would not be detrimental to assessee’s claim of deduction under section 80-IB(10).

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