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Reassessment solely based on Audit Objection is barred by Provisions of Section 147/148

January 14, 2019 5619 Views 0 comment Print

FIS Global Business Solutions India Pvt. Ltd. Vs PCIT (Delhi High Court) Reliance by the Revenue upon an audit report, cannot be considered as tangible material. This Court is of the opinion that Carlton Overseas Pvt. Ltd. v. Income Tax officer & Ors., (2009) 318 ITR 295 concludes the issue in the present case; the audit objection […]

Compulsory acquisition vs. voluntary transfer of agricultural land- SC explains

January 14, 2019 3657 Views 0 comment Print

Balakrishnan Vs Union of India & Ors (Supreme Court of India) As far as the acquisition of the land was concerned, assessee had succumbed to the action taken by the Government in this behalf. He was put in such a condition that he knew that his land would be acquired and he could not reiterate […]

Loss on Loan Foreclosure deductible while Computing taxable Income

January 14, 2019 3546 Views 1 comment Print

Maruti Countrywide Auto Financial Services Pvt. Ltd. Appeal: Loss On Foreclosure Of Loan Held To Be Deductible While Computing Its Income

AO cannot assess share premium as income on the ground that it is excessive

January 12, 2019 3441 Views 0 comment Print

M/s. Varsity Education Management Pvt. Ltd. Vs DCIT (ITAT Mumbai) In the instant case, there is no dispute to the fact that the assessee has received the sum of Rs. 1030/- per share as Share Premium. It is the case of the assessing officer is that he will accept the share premium only to the extent […]

Delay in Service Tax payment due to Financial Crunch- CESTAT deletes Penalty

January 12, 2019 1707 Views 0 comment Print

Talentpro India HR Pvt. Ltd Vs Commissioner of Service Tax (CESTAT Chennai) We find that during the personal hearing on 12.2011, the appellants had submitted that delay in payment of service tax was purely due to financial crunch but have paid the service tax with a delay of one month and also paid the interest […]

Interest U/s. 234B cannot be levied on Income of non-resident liable to TDS

January 12, 2019 4335 Views 0 comment Print

Dimension Data Asia Pacific Pte. Ltd. Vs DCIT (ITAT Mumbai) Assessee deriving income from multiple sources can adopt provisions of I.T Act for one source & DTAA for other The Tribunal held that in case of multiple sources of income, an assessee is entitled to adopt the provisions of the Act for one source while applying […]

Indian Medical Council (Amendment) Ordinance, 2019

January 12, 2019 1170 Views 0 comment Print

This Ordinance may be called the Indian Medical Council (Amendment) Ordinance, 2019. The provisions of this Ordinance shall, except sub-clause (i) of clause (c) of section 2, be deemed to have come into force on the 26th day of September, 2018; and

Non Payment of Salary for service under Interim Court Order amounts to Begar: SC

January 11, 2019 2466 Views 1 comment Print

Ram Chet Verma & Anr. Vs State of Uttar Pradesh & Ors. (Supreme Court) Since the appellants have served as per the interim order, obviously they have to be paid the salary for the period they have rendered their services. Non-payment of salary to them for the period they have served under the interim order or otherwise would tantamount to taking begar from them, which is prohibited under Article 23 of […]

Merchant exporters eligible for Interest Equalisation Scheme for Pre and Post Shipment Rupee Export Credit

January 11, 2019 3945 Views 1 comment Print

It has been decided by the Government of India to include merchant exporters also, w.e.f. January 2, 2019, under the ongoing Interest Equalisation Scheme for Pre and Post Shipment Rupee Export Credit and allow them interest equalisation at the rate of 3% on credit for export of products covered under 416 tariff lines identified under the Scheme.

Customs Rate of Exchange of Foreign Currency wef 12.01.2019

January 11, 2019 858 Views 0 comment Print

Customs Rate of Exchange of Foreign Currency Conversion wef 12.01.2019 notified vide Notification No. 03/2019 – Customs (N.T.) dated 11th January, 2019. GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) ******* Notification No. 3/2019 – Customs (N.T.) Dated the 11th January, 2019 In exercise of the powers conferred by […]

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