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Mere Holding Shares for a Short Period will not convert capital gain into business income

April 8, 2019 747 Views 0 comment Print

Pr. CIT Vs Khaitan Chemicals Ltd. (Rajsthan High Court) HC observed that the issue of classification of income on the sale of shares as business income or as short-term capital gains is to be decided the facts of each case. The tests to be applied for such determination is provided in CBDT Circular No.4 of […]

Transfer & Posting in ITO Grade on mutual basis

April 8, 2019 5046 Views 0 comment Print

Office Order No. 82 of 2019 The following transfer/ posting in the grade of Income Tax Officer, on mutual basis, are hereby ordered, as per the table given below, with immediate effect or until further orders:

Bogus Capital Gains from Penny Stocks- HC upheld the addition

April 7, 2019 7104 Views 0 comment Print

Udit Kalra Vs ITO (Delhi High Court) In the case there was a specific information that assessee has indulged in non-genuine and bogus capital gain obtained from the transactions of purchase and sale of shares of M/s Kappac Pharma Ltd., a Mumbai based company. It is noticed that the purchase transaction has been done off […]

Deemed dividend if Lender and borrower have common shareholder?

April 7, 2019 1563 Views 0 comment Print

CIT Vs Ms. Mustang Leather Pvt. Ltd. (Allahabad High Court) A deemed dividend could only have been assessed in the hands of a person who is shareholder of the lender company and not in the hands of the borrowing concern in which such shareholder is a member or partner having substantial interest. Admittedly, in the […]

Download ITR Forms (PDF) for A.Y. 2019-20 & Applicability

April 7, 2019 173667 Views 7 comments Print

CBDT has vide Notification No. 32/2019-Income Tax Dated 01/04/2019 released Form Sahaj (ITR-1), Form ITR-2, Form ITR-3, Form Sugam (ITR-4), Form ITR-5, Form ITR-6, Form ITR-7 and Form ITR-V. This post provide links to download such ITR and who can file such ITR. Also Read- Rule 12 of Income Tax Rules wef 1st April 2018 […]

ITAT condemns cavalier & naïve approach of Income Tax Dept.

April 6, 2019 822 Views 0 comment Print

ITO Vs Ms. Rayoman Carriers Pvt. Ltd. (ITAT Mumbai) The insinuation of revenue that ITAT passes order in a state of oblivion to the facts and antecedents to the appeal, displays a totally irresponsible and cavalier approach on the part of Revenue on the cusp of contempt and deserving exemplary cost to purge the same. […]

Company includes partnership firm | Section 141 | Negotiable Instruments Act

April 5, 2019 6645 Views 0 comment Print

G Ramesh Vs Kanike Harish Kumar Ujwal & Anr. (Supreme Court of India) In terms of the explanation to Section 141, the expression ‘company’ has been defined to mean any body corporate and to include a firm or other association of Sub-section (1) of Section 141 postulates that where an offence is committed under Section […]

Section 12AA registration cannot be denied merely because assessee claimed exemption u/s 10(23C)

April 5, 2019 1698 Views 0 comment Print

CIT (E) Vs M/s Beant College of Engineering & Technology (Punjab and Haryana High Court) The Tribunal while dealing with the objection of the CIT(E) that the assessee had been claiming exemption under Section 10(23C)(iiiad) of the Act and, therefore, should not have filed the application under Section 12AA of the Act, had noticed that […]

Draft Guidance Note on Division I – Non Ind AS Schedule III

April 5, 2019 3462 Views 0 comment Print

Following is the Exposure Draft of the Guidance Note on Division I – Non Ind AS Schedule III to the Companies Act, 2013 issued by the Corporate Laws & Corporate Governance Committee of the Institute of Chartered Accountants of India, for comments.

Changes in GST Composition Levy w.e.f. 1st April, 2019

April 4, 2019 17466 Views 4 comments Print

A. GST Composition Scheme Provisions Before 1st April 2019:- i. The threshold turnover limit For Trader, Manufacturer – Rs. 1 Crore For Restaurant Service Only – 1 Crore ii. Rate of Tax under GST Composition Scheme For Trader, Manufacturer – 1% For Restaurant Service– 5%. iii. For Services, other than restaurant scheme –No composition scheme iv. […]

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