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NCLAT rejects Tata plea against late Liberty bid for Bhushan Power

February 4, 2019 2265 Views 0 comment Print

NCLAT held that appeal preferred by ‘Tata Steel Limited’ is premature, uncalled for, in absence of any final decision taken by the Adjudicating Authority under Section 31, this appeal is also not maintainable.

Disallowance U/s. 40(a)(i) cannot be made for non claimed expenses

February 3, 2019 3114 Views 0 comment Print

Delhi Tourism and Transport Development Corporation Ltd. Vs DCIT (ITAT Delhi) It was obvious that if no deduction was claimed, there can be no question of disallowance under section 40(a)(i), therefore, matter was remitted to file of the AO for considering assessee’s claim about not having claimed any deduction for this sum in  computation of […]

No liability to deduct TDS if income not chargeable to tax in the hands of recipient

February 3, 2019 4881 Views 0 comment Print

Zee Entertainment Enterprises Ltd. Vs ITO (ITAT Mumbai) It is undisputed that the Hon’ble Delhi High Court has held that the payment is not taxable in the hands of the recipient. Respectfully following the precedent of the Hon’ble Apex Court in the case of E. Technology Centre Pvt. Ltd. (supra), we are of the considered […]

Capital Gain cannot be treated as bogus on human probabilities, suspicion, conjectures and surmises

February 1, 2019 1650 Views 0 comment Print

CIT(A) has in his order relied upon circumstantial evidence and human probabilities to uphold the findings of the AO. He also relied on the so called rules of suspicious transaction

CBIC rescinds Circular No. 03/01/2019-IGST dated 25th May, 2018

February 1, 2019 3348 Views 0 comment Print

Circular No. 03/01/2019-IGST dated 25th May, 2018 is hereby rescinded. It is requested that suitable trade notices may be issued to publicize the contents of this circular.

Letter to newly registered IPs for attending NCLT proceedings

February 1, 2019 2034 Views 0 comment Print

It is, therefore, essential that an IP is familiar with the processes and procedures followed for filing and submission before the NCLT. In furtherance of this, at the request of the IBBI, the NCLT has kindly agreed to allow a newly registered IP to attend and observe the proceedings of NCLT for five days.

12% GST on design & installation of reverse osmosis plant for Govt

January 31, 2019 12279 Views 0 comment Print

In re Mr. Mr. Kailash Chandra (M/s Mali Construction) (GST AAR Rajasthan) The activity of supply, design, installation, commissioning and testing of reverse osmosis plant and O &M work by the applicant is a Works Contract of Composite Supply. This composite supply is a mixed of goods and services and predominant supply is supply of […]

AAR cannot decide on place of supply

January 31, 2019 558 Views 0 comment Print

Applicant, sought Advance Ruling in Place of Supply issue, which is outside the purview of the Advance Ruling Authority as per Section 97(2) of CGST Act, 2017 Hence the application is not admitted under Sec 98 (2) of CGST Act, 2017 and APGST Act, 2017.

CBDT amends notification on Angel Taxation

January 31, 2019 1803 Views 0 comment Print

Central Government hereby makes following amendment to the notification number S.O. 2088(E) dated the 24th May, 2018 published in the Gazette of India

ICAI President’s Message – February 2019

January 31, 2019 1275 Views 0 comment Print

Adoption of ICAI Software on Allotment of Statutory Bank-Branch Audit by Banks As you know, we have over the years expressed our concern on the appointment of auditors of public sector banks by Banks’ Board themselves and on the autonomy given to them.

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