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ITAT : Unexplained cash credit cannot be treated as business income, not eligible for set off against business loss

 

Click here to read and download ITAT order copy reported in [TS-8548-ITAT-2018(Cochin)-O]

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CBDT : India - China sign Protocol amending DTAA incorporating BEPS related changes

Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Taxes

New Delhi,

26th November, 2018

PRESS RELEASE

Protocol amending India - China DTAA

The Government of the Republic of India and the Government of the People’s  Republic  of  China  have  amended  the  Double  Taxation  Avoidance  Agreement  (DTAA) for the avoidance of double taxation and for the prevention of fiscal evasion  with respect to taxes on income, by signing a Protocol on 26/11/2018.

Besides  other  changes,  the  Protocol  updates  the  existing  provisions  for exchange  of  information  to  the  latest  international  standards.  Further,  the  Protocol  incorporates changes required to implement treaty related minimum standards under the  Action  reports  of  Base  Erosion  &  Profit  shifting  (BEPS)  Project,  in  which  India had  participated  on  an  equal  footing.  Besides  minimum  standards,  the  Protocol brings in changes as per BEPS Action reports as agreed upon by the two sides.

(Surabhi Ahluwalia)

Commissioner of Income Tax

(Media & Technical Policy)

Official Spokesperson, CBDT

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CBDT member Akhilesh Ranjan appointed convenor of DTC Task Force

F No 370149/230/2017

Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Taxes

(TPL Division)

******

New Delhi, November 26, 2018

OFFICE ORDER

In order to review the existing Income-tax Act, 1961 and to draft a new direct tax law in consonance with economic needs of the country, a Task Force was constituted by the Government of India vide Office Order of even number dated November 22, 2017 under the Convenorship of the then Member (Legislation), CBDT, who has since superannuated from Government Service.

2. In view of the above, in partial modification of the earlier order, the Task Force is reconstituted with the following Members:

(i)     Shri Akhilesh Ranjan, Member (Legislation), CBDT: Convenor

(ii)     Shri Girish Ahuja, practicing Chartered Accountant and non-official Director State Bank of India;

(iii)    Shri Rajiv Memani, Chairman & Regional Managing Partner of E&Y;

(iv)    Shri Mukesh Patel, Practicing Tax Advocate, Ahmedabad;

(v)    Ms Mansi Kedia, Consultant, ICRIER, New Delhi;

(vi)    Shri G C Srivastava, Retd IRS (1971 Batch) and Advocate.

3. The Convenor is authorised to co-opt any person as a Member of the Task Force, if considered necessary. The other terms and conditions of the Office Order dated November 22, 2017 constituting the Task Force remain the same.

4. The Task Force shall submit its report to the Government by February 28, 2019.

5. This issues with approval of the Finance Minister.

(Niraj Kumar)

Undersecretary (TPL)-I

Tel: 011-2309 5468

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HC : Income Tax Authority cannot reject assessee's application for condonation of delay in filing return of income and for claiming refund

 

Click here to read and download HC judgment copy reported in [TS-6993-HC-2018(Madras)-O]

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HC : Directs Revenue to penalise and take strict measures against employers / companies who do not issue Form No.16

 

Click here to read and download HC interim order copy reported in [TS-6989-HC-2018(Bombay)-O]

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