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Retrospective amendment cannot change tax withholding liability, with retrospective effect

March 27, 2019 1710 Views 0 comment Print

Retrospective amendment in law does change tax liability in respect of an income, with retrospective effect, but it cannot change tax withholding liability, with retrospective effect.

HC allowed deduction U/s. 10AA as new unit was not formed by transferring any machinery or plant previously used

March 27, 2019 3909 Views 0 comment Print

Pr. CIT Vs. Macquarie Global Services Pvt. Ltd.  (Delhi High Court) The respondent-assessee had set up a new unit in Special Economic Zone (SEZ) income from which was claimed as exempt under Section 10AA of the Act for a period of ten years commencing from the Assessment Year 2010-11. Exemption was allowed in the Assessment […]

Share of profit from AOP cannot be added while computing section 115JB book profit

March 27, 2019 5733 Views 0 comment Print

By virtue of clause (iic) in Explanation to section 115JB by the Finance Act, 2015 share of profit received from AOP could not be added while computing book profit under section 115JB.

A firm not being shareholder cannot be Taxed for Deemed Dividend

March 27, 2019 1074 Views 0 comment Print

Firm being not a shareholder of the Pvt. Ltd. company which lent the money cannot be taxed by applying sec. 2(22)(e) of the Act. So, the addition is deleted.

Section 54F not prescribes date of commencement of construction of house property

March 27, 2019 3819 Views 0 comment Print

Tarun Jalali Vs DDIT (ITAT Delhi) Where construction of house was commenced even before the date of transfer of original asset, but it was completed within three years after the date of transfer, deduction under section 54F was admissible. Sub-section 4 of section 54F prescribes appropriation of sale consideration of original asset towards provision of […]

Interest paid to earn Interest is deductible under section 57

March 27, 2019 3429 Views 0 comment Print

Pr. CIT Vs Jubilant Energy Nelp-V- Pvt. Ltd. (Delhi High Court) Money received by the respondent-assessee under the ICDs of Rs. 55.30 Crores was in the preceding year. Rs. 50 Crores was thereafter transferred and given as ICDs to M/s Jubilant Enpro Private Limited also in the preceding year. There was a nexus between the […]

GST AAR Karnataka allows NMDC to withdraw its application

March 27, 2019 1605 Views 1 comment Print

In re M/s NMDC Limited (GST AAR Karnataka) Whether credit of service tax paid on Operation & Maintainenance service received by the applicant in Pre-GST regime can be claimed as Input Tax credit under section 140(5) of the GST Act 2017 in case invoices for such services were received after the appointed date. But the […]

Company law not Stipulate any period for completion of Serious Fraud Investigation

March 27, 2019 2163 Views 0 comment Print

SFIO Vs Rahul Modi (Supreme Court of India) 1. Leave granted. 2. These Appeals challenge the correctness of the common interim order dated 20.12.2018 passed by the High Court of Delhi at New Delhi in Writ Petition (Crl.) Nos.3842 and 3843 of 2018. 3. In exercise of powers conferred by Section 212(1)(c) of the Companies […]

Rent from letting out shop rooms in mall taxable as Business Income

March 27, 2019 13722 Views 0 comment Print

Amount received by letting out the shop rooms in the mall is business income taxable under the head Profits and gains of business.

Due date for Filing Income Tax Return for HUF Partner- Belated return cannot be revised

March 27, 2019 3654 Views 0 comment Print

Since assessee was an HUF and HUF itself could not become a working partner in the partnership firm, therefore, the due date of filing of the return applicable to assessee was 31st July of the relevant assessment year and belated return filed by assessee could not be revised.

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