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Statement made during Survey supported with Corroborative Evidence is admissible as Evidence

January 6, 2019 1866 Views 0 comment Print

Thiru S.Shyam Kumar Vs  ACIT (High Court Madras) The entire issue revolves around the factual matrix as to whether the slips, which contain certain details, were pertaining to payments made by the assessee, not brought into the books of accounts.  Before the assessing Officer, the assessee has given more than one statement accepting the on-money payment. […]

Expense on technology upgradation of existing business is deductible

January 5, 2019 1836 Views 0 comment Print

Cox & Kings Ltd. case: Where expenses incurred were for travel booking engine and SAP software which was only for the purpose of technology upgradation to the existing business of the assessee and not creating any new line of business or asset: Expenses held to be deductible under section 37(1)

Income from Flats / Shops held as Stock-in-Trade is Business Income

January 4, 2019 11373 Views 2 comments Print

Haware Engineers & Builders Private Ltd. Vs DCIT (ITAT Mumbai) If a immovable property in the shape of flats / shops is held as stock-in-trade, then it becomes part of trading operations for the assessee and as a natural corollary, any income derived there-from would be Business Income and not Income from House Property. FULL […]

Reassessment initiated for second time is valid if based on new Tangible Materials

January 4, 2019 3258 Views 0 comment Print

A. Sridevi Vs ITO (Madras High Court) Admittedly, the original return filed by the assessee did not reflect the subject matter income, namely, the advance made by the assessee to the said Nagarajan of a sum of Rs.2.75 crores. When the earlier reopening proceedings was initiated with issuance of notice under section 148, the assessee […]

Classification of quilt (other than cotton quilt): AAR allowed withdrawal of application

January 4, 2019 5445 Views 0 comment Print

In re M/s Bella Casa Fashion & Retail limited (GST AAR Rajasthan) Q1. What would be the classification of quilt (other than cotton quilt)? Ans: HELD Since the applicant withdrew the application, therefoare no ruling is given. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING RAJASTHAN Note: Under Section 100 of the CGST/RGST Act 2017, […]

Additional Disclosures by Stock Exchanges for commodity derivatives

January 4, 2019 1551 Views 0 comment Print

Securities and Exchange Board of India  CIRCULAR SEBI/HO/CDMRD/DNPMP/CIR/P/201 9/08 January 04, 2019 To, The Managing Directors / Chief Executive Officers All Recognized Stock Exchanges having commodity derivatives segment Dear Sir / Madam, Sub: Disclosures by Stock Exchanges for commodity derivatives 1. SEBI vide circular SEBI/HO/CDMRD/DMP/2016/101 dated September 27, 2016 had prescribed certain norms regarding disclosures by […]

CBDT Withdraws Circular No. 10/2018 – What made them withdraw?

January 4, 2019 19806 Views 0 comment Print

CBDT Withdraws Circular No. 10/2018 dated 31.12.2018 on applicability of section 56(2)(viia) of the Income-tax Act, 1961 for issue of shares by a company in which public are not substantially interested. It is learnt that Same is been withdrawn considering the Negative Impact it may have on National Herald case involving Mrs Sonia Gandhi and […]

ANF-4F & 5B to indicate number of EDI/Non-EDI Shipping Bills used by applicant for redemption

January 3, 2019 3279 Views 0 comment Print

DGFT notifies vide Public Notice No. 66/2015-20 that ANF-4F and ANF-5B will indicate the number of EDI/Non-EDI Shipping Bills used by the applicant for redemption. Government of India Ministry of Commerce and Industry (Department of Commerce) Directorate General of Foreign Trade Udyog Bhawan, New Delhi ***** Public Notice No. 66/2015-2020-DGFT Dated the 03rd/January/2019 Subject: Rationalization […]

ITAT should not remand an issue to TPO which can be considered at its end

January 3, 2019 2640 Views 0 comment Print

Sony Pictures Networks India appeal: By not dealing with an issue which is otherwise ripe for consideration and instead remanding to the TPO, the Tribunal ensures further litigation and continued uncertainty for both the Revenue and the assessee, non-consideration of the basic submission made at the hearing as recorded, is clearly a mistake apparent from the record

Presumptive inference provided by Informant cannot be basis for forming a prima facie opinion

January 3, 2019 747 Views 0 comment Print

Ravi Pal Vs All India Sugar Trade Association (AISTA) (CCI) After appreciation of the allegations of the Informant and documents submitted including the oral submissions made by the Informant, the Commission is of the view that no evidence has been provided by the Informant to show that there was any meeting of minds between the […]

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