No coercive action against the Start up companies
The Central Board of Direct Taxes (CBDT) has directed all the Principal Chief Commissioners of Income Tax, not to take coercive measures to recover the...
Category : Income Tax
CBDT Extends the due date for furnishing of report under section 286 (4) of the Income-tax Act, 1961 – Circular 9 of 2018 dated 26.12.2018
In order to remove the genuine hardship in furnishing of the report under sub-section (4) of section 286 of the Act read with sub-rule (4)...
CBDT issues explanatory notes to the provisions of the Finance Act, 2018 on 26.12.2018 – Circular no.8/2018 , CBDT
The Central Board of Direct Taxes vide its Circular No. 8/2018 dated 26.12.2018 issued explanatory notes to the provisions of the Finance Act, 2018 To...
The assessee can be taxed only on the gain which is oozing out from the sale consideration, thus, no adverse inference can be drawn while invoking the provision of section 50C of the Act. – Bombay High Court
Held : “The assessee can be taxed only on the gain which is oozing out from the sale consideration, thus, no adverse inference can be...
HC wrong in taking the technical view of dismissing the appeal on the ground of delay when it has to decide the question of law between the parties in any case in respect of earlier assessment year – Supreme Court
Held : The High Court should not have taken such a technical view of dismissing the appeal in the instant case on the ground of delay,...
The exemption of Rs. 50 lakh in s. 194-IA(2) is applicable w.r.t. the amount related to each transferee and not with reference to the amount as per sale deed. Each transferee is a separate income tax entity and the law has to be applied with reference to each transferee as an individual transferee / person – ITAT Delhi
ITAT Delhi in the judgement of Vinod Soni Vs. ITO TDS Faridabad in ITA No. 2736/Del/2015 held the following: Section 194-IA(2) provides that Section 194-IA(1)...
Exposure Draft of Guidance Note on Reports in Company Prospectuses (Revised 2018) issued by the Auditing and Assurance Standards Board
The Auditing and Assurance Standards Board issued Exposure Draft of Guidance Note on Reports in Company Prospectuses (Revised 2018) . To download, kindly click the link:...
No seizure of goods on ground that they were not accompanied with part-B of e-way bill – HC Kerala
The High Court of Kerala in its judgement has held that where the assessee has defaulted in not uploading Part B to the eway bill...
Revised Implementation Guide to SA 230, “Audit Documentation” issued by the Auditing and Assurance Standards Board – ICAI
Auditing and Assurance Standards Board has issued Revised Implementation Guide to SA 230, “Audit Documentation” on 03.12.2018. Standard on Auditing (SA) 230, “Audit Documentation” is an...
No capital gain to be computed on the transfer of assets on the ‘book value’ in the case of conversion of company into LLP – ITAT Mumbai
Held: In the recent judgement by ITAT Mumbai in the Case of M/s Celerity Power LLP wherein it was held that the on the conversion of the company...
An order passed by the Tribunal even one day after the prescribed period of 90 days from the date of hearing causes prejudice to the assessee and is liable to be recalled – ITAT Mumbai
To Download, Shri Kaushik N. Tanna ITA no. 5439 of Mumbai...
HC issues directions to the Department of Revenue to penalise the defaulters for not issuing Form 16 to their employees – HC Bombay
The Bombay High Court in its judgement took serious concern over the defaulter employers who does not any concern for issuing Form 16 where the...
No penalty to be levied u/s 271(1)(c) where the additions made by the AO is deleted – ITAT Delhi
Held: The Hon’ble ITAT Delhi in its judgement held that “Since the Tribunal has deleted the addition made by the Assessing Officer and sustained by the...
Scope of enquiry in Limited scrutiny cases selected under CASS cycles 2017 and 2018 – CBDT
THE CBDT , Ministry of Finance on 28th November, 2018 provided the procedure which shall be adopted while examining the cases under CASS cycles 2017...
Reliance by the AO on statements of third parties without giving the assessee an opportunity of cross-examination is a gross failure of the principles of natural justice and renders the assessment order a nullity -ITAT Delhi
The additions made merely on the statement of the third party and without providing an opportunity of being heard and cross examine the basis of...
The period of holding of ESOP options clarified and to be considered as Long term irrespective of the date of vesting of the same – ITAT Bangalore
The ITAT Bangalore in the recent judgement clarifies the period of holding of the ESOP options in the case of Shri. N. R. Ravikrishnan Vs Assistant Commissioner...
Income-tax department can’t claim any priority in payment from liquidation estate under Insolvency and Bankruptcy Code – HC
The High Court of Andhra Pradesh & Telangana in the case of Leo Edibles & Fats Ltd held that “The Income-tax Department does not enjoy the...
Where no return was filed in compliance to notice u/s 148, issuing of notice u/s 143(2) was not required for making assessment – HC
The High Court of Jammu & Kashmir in the recent judgement in the case of Principal Commissioner of Income-tax v.Broadway Shoe Co. held that where no return was filed...
Task Force for drafting a New Direct Tax Legislation – CBDT
The Government of India has constituted a Task Force in order to review the existing Income Tax Act, 1961 and to draft a new direct...
Linking of Aadhaar with Bank accounts and mobile number is invalid – SC
The Supreme Court of India has provided a judgement regarding the validity of the Aadhaar and its linking with various other things. The crux of...