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CBDT Circular on anti-abuse provisions in cases of receipt of shares

July 1, 2019 1509 Views 0 comment Print

Central Board of Direct Taxes had issued Circular 10/2018 dated 31.12.2018 to clarify that provisions of section 56(2)(viia) of the Income-tax Act, 1961 being anti-abuse provisions shall not be applicable in cases of receipt of shares by the specified company or firm as result of fresh issuance of shares including by way of bonus shares, rights shares and preference shares or transactions of similar nature by the specified company.

Promotion of Cashless Transactions

July 1, 2019 948 Views 1 comment Print

In order to give fillip to digital funds movement , RBI vide its circular on’ National Electronic Funds Transfer (NEFT) and Real Time Gross Settlement (RTGS) systems- Waiver of charges ‘ dated 11.06.2019, has decided that with effect from July 1, 2019, processing charges and time varying charges levied on banks by RBI for outward transactions undertaken using the RTGS system, as also the processing charges levied by RBI for transactions processed in NEFT system would be waived by the Reserve Bank of India .

Issue of Fake Insurance Policies increases in FY 2018-19

July 1, 2019 780 Views 0 comment Print

Fake Insurance Policies The Insurance Regulatory and Development Authority of India (IRDAI) has informed that as per the information provided by various insurers, the year-wise break-up of fake motor policies is as under: Fraud Monitoring Analysis – Data pertaining to fake Motor Policies Financial Year No. Amt. (Rs. in lakhs) FY 2016-17 498 3374.41 FY 2017-18 […]

Steps taken to expedite and enable resolution of NPAs and recovery

July 1, 2019 3525 Views 1 comment Print

Steps taken to expedite and enable resolution of NPAs and recovery from NPA accounts, include, inter-alia, the following: (1) The Insolvency and Bankruptcy Code, 2016 (IBC) has been enacted, which has provided for taking over the management of the affairs of the corporate debtor at the outset of the corporate insolvency resolution process.

Remuneration shared in profit-sharing ratio as per Partnership Deed allowable

July 1, 2019 17442 Views 0 comment Print

Luthra & Luthra Law Offices Vs ACIT (ITAT Delhi) Hon’ble Delhi High Court in the case of Vaish Associates held that the partners were entitled to annual salary equivalent with percentage of profit multiplied by the allocable profit calculated as per the provisions of section 40(b)(v) of the Act. In the instant case also remuneration […]

Long-term capital loss on listed shares eligible for set-off against taxable income

July 1, 2019 6714 Views 0 comment Print

M/s. United Investments Vs ACIT (ITAT Kolkata) In this case the assessee had incurred loss on sale of shares after paying STT & these shares were held on investment a/c for period more than 12 months. The assessee claimed that the loss incurred was to be assessed under the head ‘capital gains’ and its set […]

Liability for provisions can be measured only by using a substantial degree of estimation

July 1, 2019 3855 Views 0 comment Print

The estimate of warranty made by the assessee on the basis of past history cannot be treated as a provision for any ascertained liability and allowed the provision for warranty as deduction.

Leasehold right allotted against right of agricultural land cannot be considered as agricultural land

July 1, 2019 3453 Views 0 comment Print

Pyaribai K Jain Vs Addl. CIT (ITAT Mumbai) Leasehold right allotted against right of agricultural land cannot be considered as agricultural land and, therefore, profit on transfer of such leasehold right was taxable under the head ‘capital gains’, however, Assessing Officer was not correct in not allowing cost of acquisition to assessee while computing long-term […]

Two Years After GST

July 1, 2019 1053 Views 0 comment Print

Shri. Arun Jaitley Today, the Goods and Services Tax regime enters its third year. The monumental restructuring of one of the world’s clumsiest indirect tax system was not an easy task. The challenges to implement the GST were compounded by some outlandish and exaggerated comments of the not so well-informed. It would, therefore, be only […]

Advisory to Practicing Members conducting Cost Audit

July 1, 2019 5136 Views 0 comment Print

The Cost Audit Branch, Ministry of Corporate Affairs had issued an Exposure Draft for amendments to the Companies (Cost Records & Audit) Rules, 2014. However, due to certain technical issues, the new Taxonomy and the Validation Tool are yet to be made ready and as a result the MCA is yet to notify the changes that are required especially in connection with changes due to implementation of GST.

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