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ITAT condones Delay in appeal filing Due to Wrong Advice of Consultant

March 21, 2019 2319 Views 0 comment Print

Ms. Ashte Logistics Pvt. Ltd Vs Pr. CIT (ITAT Mumbai) ITAT held that Upon careful consideration, we find that the delay in filing the appeal is solely attributable to the wrong advice of the consultant. In our considered opinion, the assessee should not suffer on account of the wrong advice of the consultant, hence, in […]

Reopening cannot be made to disallow Bogus Sales/ Purchases based on a Judgment

March 21, 2019 2136 Views 0 comment Print

Saurabh Suryakant Mehta Vs ITO (Bombay High Court) In the present case, the Assessing Officer had examined the material collected by the Sales Tax Department, prima facie suggesting that the assessee had indulged into bogus billing activities without actually carrying out the purchase and sale of the commodity. It is on this basis that the […]

Section 43B does not contemplate liability to pay service tax before actual receipt

March 21, 2019 1539 Views 1 comment Print

Pr. CIT Vs Tops Security Ltd. (Bombay High Court) Section 43B does not contemplate liability to pay service tax before actual receipt of the funds in the account of the assessee. Hence the liability to pay service tax into the Treasury will arise only upon the assessee receiving the funds and not otherwise. Thus the […]

ITAT held reduction in rent as colorable device to reduce tax burden

March 21, 2019 942 Views 0 comment Print

Jaikishan Shyamsunder Vaswani Vs ACIT (ITAT Mumbai) It is noted that property situated at Flat No.72, L Block, Maker Tower, Cuffe Parade, Mumbai was actually let out to Bank of America during AY 2007-08 @ Rs.2 Lacs per month. However, this rent has drastically been reduced to Rs.25,000/- per month upon receipt of interest-free security […]

Penalty U/s. 271B justified for submitting Bogus audit report to get bank loan

March 20, 2019 1995 Views 0 comment Print

 Where assessee, in order to get a bank loan, submitted a bogus audit report from CA and showed fake turnover in his return of income, imposition of penalty under section 271B for non-compliance of section 44AB was justified.

Validity of addition for share application money merely based on surmises not valid

March 20, 2019 912 Views 0 comment Print

Pr. CIT Vs Narang Construction & Finance (P) Ltd. (Delhi High Court)  The materials on record showed not mere superficial details like PAN, ROC, etc., but further facts relating to the bank accounts of the share applicants were also there. The share applicants were entering into proper commercial transactions and were not per se forged, bogus or […]

GST Rate on works contract service in respect of Original Works pertaining to construction of a Low Cost House in Affordable Housing Project

March 20, 2019 8595 Views 0 comment Print

:- The question/issue before Your Honor is eligibility of Notification 01/2018-Central Tax (Rate) dated 25.01.2018 which provides for concessional rate of GST @ 12% on supply of works contract service in respect of Original Works pertaining to construction of a Low Cost House in an Affordable Housing Project’ (AHP).

Consultation Paper Issuance of shares with Differential Voting Rights [DVRs]

March 20, 2019 3972 Views 0 comment Print

Securities and Exchange Board of India 1. BACKGROUND 1.1. There is increasing debate about the need to enable issuance and listing of shares with differential voting rights, commonly known as DVRs in India; and dual class shares or DCS in the international context. Such shares have rights disproportionate to their economic ownership. In promoter / […]

Export and Import of Indian Currency

March 20, 2019 3078 Views 0 comment Print

Attention of Authorised Persons is invited to Regulation 8 of Foreign Exchange Management (Export and import of currency) Regulations, 2015, in terms of which a person may take or send out of India to Nepal or Bhutan and bring into India from Nepal or Bhutan, currency notes of Government of India and Reserve Bank of India for any amount in denominations up to ₹100/-.

Exemption from provisions of section 14(3) of FCRA, 2010

March 20, 2019 3153 Views 1 comment Print

In view of repeated representations made by many such associations, it has been decided to give a one-time exemption in public interest to such associations from the restrictive condition of section 14(3) to enable them to apply for registration within three months from the issuance of this notice. Government has further decided that for uploading missing ARs on the FCRA Portal, no penalty shall be imposed.

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