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No exemption U/s 54F on failure to deposit unutilized amount of capital gain within time

January 21, 2019 1296 Views 0 comment Print

Assessee is not entitled to the claim of deduction under section 54F of the Act as the assessee has failed to deposit the unutilized amount of capital gains in the capital gains scheme account by the date of filing of return of income.

Non-Operation of a Centralised System not an Excuse to delay Service Tax Payment & avoid penalty

January 21, 2019 645 Views 0 comment Print

Meinhardt Singapore PTE. Ltd. Vs Commissioner of Service Tax (Delhi High Court) Whatever be the constraint, the assessee was faced with, it was duty bound to remit amounts collected by it towards service tax, in a planned manner, and as required by law. The deposit belatedly, by it, on the ground that the amounts were […]

Notification No. 02/2019-Customs (N.T./CAA/DRI); Dated: 21.01.2019

January 21, 2019 2298 Views 0 comment Print

Notification No. 2/2019-Customs (N.T./CAA/DRI); Dated: 21.01.2019 Appointment of Common Adjudicating Authority by DGRI

Notification No. 01/2019-Customs (N.T./CAA/DRI), Dated: 21.01.2019

January 21, 2019 1026 Views 0 comment Print

Notification No. 1/2019-Customs (N.T./CAA/DRI) dated 21st January 2019 Appointment of Common Adjudicating Authority by DGRI-

Reopening invalid if reasons recorded for reopening the assessment are devoid of any application of mind

January 20, 2019 2634 Views 0 comment Print

Shri Niranjan Dass Vs ITO (ITAT Delhi) All facts when considered with reasons recorded for reopening of the assessment would lead to only one conclusion that the reasons recorded for reopening the assessment are devoid of any application of mind. In our considered opinion, such reopening cannot be upheld. We, accordingly, quash the notice u/s […]

Exemption u/s 54 cannot be denied for mere non completion of construction of flat by builder within stipulated period

January 20, 2019 1584 Views 1 comment Print

ACIT Vs. Shri Dilip Ranjrekar (ITAT Banaglore) It is apparent from the facts of the case as mentioned (along with copies of corroborative documentary evidence) and discussed above from para 7.1 to 4.4.3 of this order (Supra) that the non completion of the construction the flat by the builder within the stipulated period is beyond […]

Reassessment for Change of opinion in Absence of new material not justified

January 20, 2019 786 Views 0 comment Print

Since neither from reasons nor from any other material on record, it could be gathered that there was any failure on the part of the assessee to disclose truly and fully all-material facts, reopening of assessee’s assessment on ground that she had not disclosed capital gain in her return of income filed, could not be held justified.

ECB Policy – Salient features of new ECB framework

January 16, 2019 3942 Views 0 comment Print

Eligible Borrowers: This has been expanded to include all entities eligible to receive FDI. Additionally, Port Trusts, Units in SEZ, SIDBI, EXIM Bank, registered entities engaged in micro-finance activities, viz., registered not for profit companies, registered societies/trusts/cooperatives and non-government organisations can also borrow under this framework.

Section 148 notice cannot be issued against deceased Assessee

January 15, 2019 8412 Views 0 comment Print

Rajender Kumar Sehgal Vs ITO (Delhi High Court) When the notice was issued, the assessee was already dead. If the Department intended to proceed under Section 147 of the Act, it could have done so prior to 31st March 2017 by issuing a notice to the LRs of the deceased. Beyond that date it could […]

In absence of incriminating material Completed assessments could not be interfered by AO during assessment U/s. 153A

January 14, 2019 1368 Views 0 comment Print

ATS Infrastructure Ltd. Vs ACIT (ITAT Delhi) Completed assessments can be interfered with while making assessment under section 153A only on the basis of some incriminating material unearthed during search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made […]

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