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Section 271BA: No Penalty for bonafide failure in filing of Form No. 3CEB

October 28, 2019 28623 Views 0 comment Print

Where assessee failed to upload the report electronically in Form No. 3CEB but said report was promptly made available in the assessment proceedings itself, said failure was accepted as bona fide and accordingly, the penalty levied under section 271BA was to be quashed.

HC sets aside NAA’s ruling against Franchisee of McDonald’s

October 28, 2019 2346 Views 0 comment Print

Hardcastle Restaurants Pvt. Ltd. Vs Union of India (Bombay High Court) The main contention of the Petitioner is of violation of the principles of natural justice. Petitioner contends that since the hearing was only by three members and the impugned order is by four members, it is in breach of principles of natural justice. The […]

Amendment in Export Policy of Bangalore Rose Onion

October 28, 2019 792 Views 0 comment Print

Export of Bangalore Rose Onion (Serial Number 52, Chapter 7), upto a quantity of 9000 MT, has been allowed for the period upto 30th November, 2019, with immediate effect vide Notification No. 27/2015-2020 Dated: 28 October, 2019. Government of India Ministry of Commerce & Industry Department of Commerce Directorate General of Foreign Trade Udyog Bhavan […]

Release of Cashew Kernels at incorrect tariff rate-reg

October 28, 2019 6525 Views 0 comment Print

Please refer to notification No. 25/2019-Cus dated 6th July 2019 wherein the BCD rate on Cashew Kernel broken [0801 32 10], Cashew kernel whole [0801 32 20] and others [0801 32 90] was increased to the tariff rate which is 70%. However, due to an inadvertent error in the ICEGATE system, the tariff rate on the above goods is reflecting to be 30% which is incorrect.

Reassessment not valid if assessee’s objections to reasons for reopening not disposed

October 27, 2019 5346 Views 0 comment Print

Not passing a speaking order rejecting the objections of assessee to reopening of assessment but passing an order under section 147 making the additions based on reasons recorded had caused serious prejudice to interest of assessee. Thus, reopening had not been done in accordance with the law by AO and, therefore, reassessment order was set aside.

Benefit u/s 11(2) cannot be denied for belated filing of Form No. 10

October 27, 2019 11364 Views 0 comment Print

Shri Chandraprabhuji Maharaj Jain Vs DCIT (Exemptions) (Madras High Court) The assessee filed the return of income for the assessment year under consideration on 02.04.2009, which was processed and intimation under Section 143(1) of the Act was issued on 21.01.2011. Thus, there was no assessment under Section 143(3) of the Act. The assessee, while filing […]

ICAI invites Suggestions in respect of CA Examinations

October 26, 2019 1089 Views 0 comment Print

ICAI has constituted a High Level Independent Committee on 26th September 2019 to look into the Examination processes and the CA Regulations relating to CA Examinations

Satellite transmission services provided by USA based company in India cannot be taxed as Royalty

October 26, 2019 1524 Views 0 comment Print

ITAT held that Satellite transmission services provided by USA based company in India could not be brought to tax by treating the same as royalty income and amendment to the Income Tax Act, 1961 with a retrospective or prospective effect, cannot be read in a manner so as to extend the operation to the terms of international treaty.

Depreciation allowable on non-compete fee (intangible asset)

October 26, 2019 1116 Views 0 comment Print

Depreciation on non-compete fee was allowable @ 25% by treating it as an intangible asset under Section 32 of Income Tax Act, 1961.

Addition justified for Receipt of share application money if Genuineness and creditworthiness not proved

October 26, 2019 1371 Views 0 comment Print

A perusal of financial statement, bank statements and income tax returns of share applicants companies clearly revealed that they had no regular means to invest in the share capital of the assessee company and, therefore, AO was justified in making addition under section 68 on the ground of lack of creditworthiness and genuineness.

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