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Section 14A not applies to income based upon principle of mutuality

February 12, 2019 1656 Views 1 comment Print

Wodehouse Gymkhana Ltd. Vs ITO (ITAT Mumbai) The assessee claimed that it has earned the exempt income under the principle of mutuality. The assessee claimed its source of income on the basis of principle of mutuality and dividend / mutual fund dividend etc. and income not relating to mutual activity such as interest on bank […]

Electronic Voting Machine (EVM) is an ‘information’ under RTI Act

February 11, 2019 882 Views 0 comment Print

Razaak K Haidar Vs CPIO (Central Information Commissioner) EVM which is available with the respondent in a material form and also as samples, as admitted by the respondent during the hearing, is an information under the RTI Act. The Commission also notes that as per the respondent, the software installed in the EVM is an […]

FAQs on (PM-SYM) Pradhan Mantri Shram Yogi Maan-dhan

February 10, 2019 2220 Views 0 comment Print

Frequently Asked Questions on (PM-SYM) Pradhan Mantri Shram Yogi Maan-dhan Q.1 What is PM-SYM? Ans. Pradhan Mantri Shram Yogi Maan-dhan (PM-SYM) is a voluntary and contributory Pension Scheme for Unorganized Workers for entry age of 18 to 40 years with monthly income of Rs.15000 or less. Q.2 Is it a Government scheme? Ans. Yes. Q.3 […]

Capital gain when assessee given developer possession & permission to construct property

February 10, 2019 3765 Views 0 comment Print

Where assessee did permit developer to enter into premises and do all necessary things for construction of apartments and assessee handed over the possession, provisions of section 2(47) got attracted.

Interest cannot be disallowed for mere advancing of Interest-free advances to third parties

February 10, 2019 4074 Views 0 comment Print

Merely because non-interest bearing advance was given to third parties, the same would not justify that the test of ‘commercial expediency’ was not satisfied by assessee. Hence, disallowance of proportionate interest made by AO was not justified, as the same was given for business purposes.

HC releases bank A/c of directors which were attached for GST liability of Company

February 8, 2019 3630 Views 0 comment Print

On behalf of the respondents, reliance has been placed upon the provisions of section 89 of the CGST Act to submit that the same permits recovery of the dues of the private company from its directors in case such amount cannot be recovered from the company.

Levy of advertisement tax by State govt is ultra vires post 101st amendment

February 8, 2019 3603 Views 0 comment Print

Pankaj Advertising Vs State of U.P. (Allahabad High Court) Allahabad High Court has held that levy and collection of Advertisement Tax by Nagar Palika Parishad, Hathras is without legislative/statutory competence and is ultra-vires Article 265 of the Constitution. The High Court observed that by 101st Amendment to the Constitution, Entry-55 of List-II of Seventh Schedule […]

Cabinet Approves Abolition of Institution of Income-Tax & Indirect Tax Ombudsman

February 7, 2019 1161 Views 0 comment Print

Union Cabinet chaired by PM Narendra Modi has approved the proposal for Abolition of Institution of Income-Tax Ombudsman and Indirect Tax Ombudsman.

Disallowance of purchases in cash justified when banking channels were available

February 7, 2019 1122 Views 0 comment Print

Madhav Govind Dhulshete Vs ITO (Bombay High Court) Section 40A is inserted in Income Tax Act with an aim and object to discourage payment of money in cash beyond a certain limit. That is to encourage cheque transactions and banking operations. Thus, in these circumstances, Assessing Officer is correct in making disallowance of  Rs. 36,16,500 […]

GST TRAN-2 – Calcutta High Court allows revision

February 7, 2019 1359 Views 0 comment Print

Observing that there is no ground as to why a person filing Form GST TRAN-2 should not be allowed to correct and file such revised form, Calcutta High Court has allowed filing of revised Form GST TRAN-2.

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