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Mere Form No. 3CEB filing cannot make assessee liable for Section 92BA investigation

June 29, 2020 1695 Views 0 comment Print

Merely because a prescribed Form No. 3CEB was filed in accordance with Rule 10E r.w.s. 92BA of the Act would not make an assessee susceptible to onerous investigation proceedings on such transactions where the assessee prima facie demonstrates that Section 92BA of the Act is wholly inapplicable in any manner at the first instance

DTAA overrides the Act, even if it is Inconsistent with the Act

June 28, 2020 2844 Views 0 comment Print

whether the assessee has to deduct tax at source at the rates prescribed in section 206AA in case the payees are unable to furnish their PANs, even if tax liability arises out of the treaty?

Land Purchased for establishing a university – Section 11 Exemption Allowed

June 28, 2020 2340 Views 0 comment Print

Whether the AO was correct in denying the exemption u/s 11 to the assessee against Purchase of Land and FLAT in preparation to establishing a university and not in the nature of any ‘real estate’ operation ?

No Section 234B Interest for Advance Tax Shortfall due to Retrospective Amendment

June 28, 2020 2070 Views 0 comment Print

Whether the interest u/s 234B for less payment of advance tax will be levied on account of additions made to total income, consequent to retrospective amendment?

No Section 194J TDS on IUC charges paid by Telecom Operators

June 27, 2020 7347 Views 0 comment Print

Whether interconnection usages charges (IUC) is in the nature of fees for technical services and whether the assessee is liable for TDS under section 194J of Income Tax Act, 1961?

Section 194H TDS not applies on Bank Guarantee Commission

June 27, 2020 6873 Views 0 comment Print

The issue under consideration is whether TDS under section 194H is applicable from payment of bank guarantee commission to the bank?

Inquiry into Factual Situation required to determine Section 80P Deduction Eligibility

June 26, 2020 897 Views 0 comment Print

The issue under consideration is whether the AO need to conduct an Inquiry into Factual Situation as to activities of assessee society to determine eligibility of deduction u/s 80P?

HC grants Bail in GST Evasion case considering Clean Criminal History

June 26, 2020 1818 Views 0 comment Print

Anticipatory Bail Granted against GST Evasion by considering Clean Criminal History of Applicant along with furnishing a personal bond of Rs. 50,000/- with two sureties.

Limited Scrutiny cannot be converted to Complete Scrutiny without following CBDT Circular

June 26, 2020 7929 Views 1 comment Print

whether the AO can expand the assessment from ‘Limited Scrutiny’ to ‘Complete Scrutiny’ without following the procedure as laid by the CBDT Circular?

HC stays Interest, Penalty & Investigation imposed by NAA in Phillips India case

June 25, 2020 1083 Views 0 comment Print

Writ petition is filed for challenging order passed by National Anti-Profiteering Authority under CGST Act. HC approved Stay Application for Interest, Penalty & Investigation levied by Anti-Profiteering Authority

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