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Judiciary

Not reporting as per revised 3CD report is Professional Misconduct

August 27, 2018 4602 Views 0 comment Print

Being aggrieved by the Report dated 14thOctober, 2015 and Order dated 27 th May, 2017 (Impugned Order), passed by the Disciplinary Committee of the Institute of Chartered Accountants of India under Section 21B (3) of the Chartered Accountants Act, 1949 read with Rule 19 (1) of the Chartered Accountants (Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases) Rules, 2007, CA. Is

Compensation or damages for fraud taxable as income from other sources

August 27, 2018 3411 Views 0 comment Print

Between January and April, 2009 a number of suits were filed against IC and A and B in various jurisdictions in the United States claiming damages. The suits were based on tort, misrepresentation, deceit, fraud and so on. In terms of the procedural laws of the United States, the suits were directed to be consolidated. The suits were consolidated and Lead plaintiffs and Lead counsel were appointed to pilot the class action on behalf of the eligible claimants for damages.

No GST on license Fee for sale of liquor for human consumption

August 27, 2018 3849 Views 0 comment Print

Divya Singla Vs Union of India (Punjab and Haryana High Court) The petitioners approached this Court seeking quashing of notice dated 15.05.2017 whereby the respondent asked the petitioner to furnish certain information with reference to levy of service tax on the fee paid for award of license for sale of liquor.  Learned counsel for respondents No.1 to 3 […]

Penalty U/s. 158BFA(2) not leviable when Assessment U/s. 158BC itself is Quashed

August 27, 2018 1086 Views 0 comment Print

Sh. Ravinder Taneja Vs ACIT (ITAT Delhi) As assessment under section 158BC itself has been quashed, thus, the penalty levied in respect of the income assessed under said assessment order cannot survive. Accordingly, we set aside the order of the lower authorities and cancel the penalty levied under section 158BFA(2) of the Act. FULL TEXT […]

Section 234E fees cannot be levied for Quarter ending before 01.06.2015

August 27, 2018 9324 Views 0 comment Print

When amendment made U/s. 200A of Income Tax Act which has come into effect on 1.6.2015 is held to be having prospective effect, no computation of fee for the demand or the intimation for the fee under Section 234E could be made for the TDS deducted for the respective assessment year prior to 1.6.2015.

ITAT directs AO to treat licence fee derived from tenants as business income

August 27, 2018 996 Views 0 comment Print

Batram Properties Pvt. Ltd. Vs ITO (ITAT Kolkata) Under section 22 of the Act the charge to tax of income from house property is based on the ownership of such property. The admitted position in the present case is that the assessee is only a tenant and not the owner of the property. It is also […]

ITAT deletes addition under section 40A(3) for Cash payments to BSNL

August 27, 2018 2484 Views 0 comment Print

Kamta Prasad Mittal Vs Dy. CIT (ITAT Lucknow) It is an undisputed fact that a Demand Note was issued by BSNL requiring the assessee to make payments in cash and genuinity of the payments to BSNL was never doubted by the With regard to the observation of the ld. CIT(A) that BSNL is not a […]

Remuneration to partners cannot be disallowed merely because share of partners not fixed or deed not provides for manner of quantification of such remuneration

August 27, 2018 9063 Views 0 comment Print

Panda Fuels Vs ITO (ITAT Cuttack) We have heard the rival submissions, perused the orders of lower authorities and materials available on record. In the instant case the Assessing Officer disallowed deduction for remuneration paid to partners of Rs.6,64,923/- on the ground that the partnership deed does not provide for remuneration to partners. The same […]

No GST on fee for grant of license sale of liquor for human consumption

August 27, 2018 1698 Views 0 comment Print

Learned counsel for respondents No.1 to 3 fairly submitted that he has received instructions to the State that in 26th meeting of GST Council held on 10.03.2018 it has been decided that no GST/Service Tax is leviable on the fee paid for grant of license sale of liquor for human consumption.

Section 56(2)(viia) prevents laundering of unaccounted income under the garb of gifts

August 27, 2018 4080 Views 0 comment Print

Vora Financial Services P. Ltd Vs. ACIT (ITAT Mumbai) The provisions of section 56(2) (vii) were introduced as a counter evasion mechanism to prevent laundering of unaccounted income under the garb of gifts‘ particularly after abolition of the Gift Tax Act. The provisions were intended to extend the tax net to such transactions in kind. The […]

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