Today updates: DIRECT TAX: Income Tax: Disallowance of profit in sale of agriculture land – whether transaction in property by assessee company should not be treated as business activity – Held that – There is no enabling provision in the income-tax law prescribing that even if the assessee s income is exempt by a provision, then …
TODAYS UPDATES Direct Tax: Deductions claimed u/s. 54EC and 54F denied – Except the fact that assessee has received the so called 1/4th share out of the total consideration there is no indication of any assessee s ownership on the property either to full extent or to 1/4th extent. AO proceeded on the fallacious assumption …
TODAYS UPDATES Direct Tax: Even if income by way of rent is enhanced with retrospective effect, it accrues only when a right to receive the income is vested in the assessee. A notice u/s 148 seeking to assessee the income prior to its accrual is without jurisdiction. A reading of the decision of this Court in …
TODAYS UPDATE : Direct Tax: Registration u/s 12AA cannot be denied questioning profit motive.[MS. Sree Anjaneya Medical Trust vs. CIT (Kerala HC)]. Interim stay order period is to be excluded for computing limitation period. [VLS Finance Ltd. and Anr. vs. Commissioner of IT and Anr. (SC)]. CBDT prescribes procedure for e-filing of form 15G/15H. Notification …
TODAYS UPDATES Direct Tax: CBDT has issued a Notification regarding the Procedure for submission of Form 15CC by an authorized dealer in respect of remittances under sub-section (6) of section 195 of the Income-tax Act, 1961 read with rule 37BB of the Income-tax Rules, 1962 vide notification No. 8/2016 dated 4th May 2016. CBDT has issued a …
TODAY UPDATES: DIRECT TAX: IT: The cost incurred by the previous owner shall be adopted while computing capital gains in the hands of the assessee – benefit of indexation should accordingly be provided w.e.f. 01 APR 1981 – P.M. Rungta (HUF) Vs. ITO (2016 (5) TMI 67 – ITAT Mumbai) IT: Exemption on the principle of mutuality claimed – …
CORPORATE AND PROFESSIONAL UPDATE MAY 3, 2016 DIRECT TAX IT: Additional payment even if made to the retiring partner in excess of capital account is not in nature of any profit or income within the meaning of Sec.28(va) of the Act and it cannot be brought to tax as business income – Sharadha Terry Products Ltd. Vs. …
CHANGES IN CENVAT CREDIT RULES, 2004 To simplify the provisions related to availment of CENVAT Credit in respect of service tax paid on acquiring right to use of natural resources Central Government has made changes in Rule 4(7) of CENVAT Credit Rules, 2004 vide Notification No. 24/2016-CE (N.T), dated 13th April, 2016. In addition, change …
CORPORATE AND PROFESSIONAL UPDATE April 25, 2016 DIRECT TAX: Surveying authority can’t allege excess stock without demanding standard weighment facility from assessee[2016] 68 taxmann.com 288 (Amritsar – Trib.) Smt. Kailash Devi Prop. v. Income-tax Officer No Capital Gain on unaccrued contingent deferred consideration [CIT VS. Mrs Hemal Raju Shete(Bombay High Court) Sec. 263 Revision for starting fishing …
CORPORATE AND PROFESSIONAL UPDATE April 23, 2016 DIRECT TAX: Receipt from the HUF of which the assessee was the member is to be treated as gift received from the relative-not taxable u/s 56(2). Held that – the relative explained in Explanation to s. 56(2)(vi) of the Act includes relatives and as the assessee received gift …