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Addition for cash found with others cannot be added to Appellant’s income in absence of reasonable nexus

August 8, 2019 2586 Views 0 comment Print

Dharmraj Prasad Bibhuti Vs ITAT, Patna (Patna High Court) Section 132 (4A) of the I.T. Act provides that where any books of Accounts, other documents, money etc. is found in possession or control of any person in course of search, it may be presumed that the same belongs to such person. It is apparent from […]

GST: Power of arrest to be exercised with lot of care and circumspection

August 7, 2019 1260 Views 0 comment Print

Gujarat High Court has reiterated that the power to arrest under Section 69 of the Central GST Act is to be exercised with lot of care and circumspection and that prosecution should normally be launched only after completion of adjudication. The Court directed that no coercive steps of arrest against the writ petitioner should be taken.

Disclosure of reasons for encumbrance by promoter of listed companies

August 7, 2019 5352 Views 0 comment Print

The promoter of every listed company shall specifically disclose detailed reasons for encumbrance if the combined encumbrance by the promoter along with PACs with him equals or exceeds:

GST: HC Stays against attachment of Bank A/c without any notice

August 7, 2019 4164 Views 0 comment Print

Raghava Constructions Vs Union of India (Telangana High Court) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay the proceedings of letter C.No. V/04/06/2019-Arrears, dated 31.07.2019, issued by 2nd respondent, pending disposal of WP.No.16885 of […]

GST on Braided textile yarns used for making ‘Kalava Raksha Sutra’

August 7, 2019 1782 Views 0 comment Print

In re Malli Ramalingam Mothilal (GST AAAR Tamilnadu) Lower authority has held that the commodity manufactured by the appellant is a braided yarn made using a braiding machine and classified the Product under `CTH 5607- Twine, cordage, Ropes and cables, whether or not plaited or braided and whether or not impregnated, coated, covered or sheathed […]

ICSI Requests inclusion of CS in Definition of “Accountant”

August 7, 2019 11748 Views 2 comments Print

It is requested to kindly consider amendment in the explanation to Section 288(2) of the Income ‘lax Act. 1961 ‘so as to include the profession of Company Secretary within the meaning of the Company Secretaries Act, 1980 in the definition of Accountant

Section 54F deduction on payment for residential house eligible till due date of belated return filing

August 6, 2019 1398 Views 0 comment Print

Smt. Vatsala Asthana Vs ITO (ITAT Delhi) Regarding the payment made by the assessee before 31/03/2014, Hon7ble High Court of Rajasthan in the case of Shankar Lal Saini (supra) held that, where assessee, an individual deposited unutilized sale consideration in capital gains scheme within the due date of filing of belated tax return under section […]

Rebate on exports– No condition for export goods to be manufactured inside country

August 6, 2019 1857 Views 0 comment Print

Samsung India Electronics Pvt. Ltd. Vs Union of India (Allahabad High Court) Allahabad High Court has held that there is no specification under Excise Rule 18 that for the purpose of rebate, goods need to be manufactured inside country. The Court held that the rule talks about any goods, which includes both manufactured inside the […]

Fresh information in investigation report form- Reassessment notice valid

August 6, 2019 1440 Views 0 comment Print

Fresh information in the form of investigation report clearly demonstrated that initial disclosure regarding price of shares was not true and there was whole ‘live link’ between material in the form of investigation report and formation of belief that income had escaped assessment, therefore, reassessment notice was sustained as valid.

Additional depreciation on Plants & machinery installed in Captive Power Plant

August 6, 2019 4947 Views 0 comment Print

It is now a settled position as held by the Hon’ble Supreme Court and the various Co­ordinate Benches of the Tribunal that the process of generation of electricity is akin to manufacture of an article or thing, the assessee in the instant case satisfy the requirement that it is engaged in the business of manufacture or production of an article or thing.

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