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ITAT Mumbai: S. 73 : Loss in share trading-Speculation loss-Set-off-Not allowable against profit from F&O transactions-Arbitrage operations- Explanation to S.73 operates independently of S.43(5)-Speculative loss cannot be adjusted against F&O business income. [S. 28(i), 43(5)] The assessee, a stock broker, engaged in arbitrage operations, simultaneously purchased shares in the cash segment and sold them in the F&O…
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Bombay High Court (Goa Bench): Central Goods and Service tax Act , 2017 . S. 73 : Demands and recovery – Determination of tax - Joint Development Agreement – Real estate developer - Time of supply of service - Time of supply under Joint development agreement is governed by Notification 04/2018, i.e., on conveyance/allotment, not agreement date,-Any deposit obtained without…
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Bombay High Court: S. 143(3) : Assessment- Appeal pending before CIT(A)-Writ- Alternate remedy-Writ petition not maintainable- Extraordinary jurisdiction-Not to be invoked when alternate statutory remedy is available- The Court directed CIT(A) to dispose of the appeals (both against assessment and penalty orders) within eight weeks. [S. 144B, 250, Art. 226] The assessee challenged the assessment order passed, demand…
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Ms. Neelam C. Jadhav Advocate: CORRESPONDING ANALYSIS OF PENALTY PROVISIONS UNDER THE INCOME TAX ACT, 2025
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CA Anilkumar Shah: It is decided under 1. The Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975, clearly that the trusts which do not carry out any business or trade etc. are not liable to pay the profession tax (PTEC) and cannot be forced, as the PT Act itself is not applicable to them. There…
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CA Milind Wadhwani: Recently, there has been considerable discussion within tax professional circles about significant changes observed while filing Form No. 35—the prescribed form for appeals before the Commissioner of Income-tax (Appeals) [CIT(A)]. In the author’s view, the additional details currently being sought through the e-Filing portal cannot be legally mandated unless and until a revised Form No.…
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