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Archive: May, 2017

Posts in May, 2017

Trust Corpus Fund cannot be taxed despite non registration u/s 12AA

May 22, 2017 13926 Views 1 comment Print

Corpus fund which is meant for specific purpose to meet out capital expenditure could not be part of annual receipts of educational institution, even if no registration u/s 12AA have been granted.

State can attach Properties of ‘Defaulting’ Financial Establishments: SC

May 22, 2017 2835 Views 0 comment Print

It is clear from the reading of Section 3(i) of the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997, that whenever complaints are received from a number of depositors against a Financial Establishment, which defaults or fails to return the deposits or fails to provide services for which the deposits have […]

Notification No. 21/2017-Customs, Dated: 22.05.2017

May 22, 2017 3363 Views 0 comment Print

Whereas the notification no. 09/2012-Cus dated the 9th March, 2012 of the Government of India, Ministry of Finance, Department of Revenue did not allow benefit of duty free import of cut and polished diamonds exported abroad for certification and grading, by authorised offices/ agencies in India of laboratories mentioned under para 4.74 of the Hand Book of Procedure;

In absence of Original WhatsApp Forward Can’t be treated as Document

May 22, 2017 2019 Views 0 comment Print

What they believe to be information is a post circulated on WhatsApp platform or an alleged translation in a website. The alleged information is not claimed to be true to their knowledge. It is not even stated in the petition as to how the petitioners have formed a reasonable belief that the alleged post or the translation could be true or have any basis.

Concept of Supply Under GST and Levy of Tax

May 22, 2017 12159 Views 0 comment Print

Under the GST law, the levy of tax is as follows: (a) In the hands of the supplier – on the supply of goods and / or services (referred to as tax under forward charge mechanism); (b) In the hands of the recipient – on receipt of goods and / or services (referred to as tax under reverse charge mechanism)

Arbitrator cannot Lift Corporate Veil: Delhi HC

May 21, 2017 3405 Views 0 comment Print

Decision of the arbitral tribunal to pierce the corporate veil is fundamentally flawed. It falls foul of the fundamental policy of Indian law that recognises that a company is an independent juristic person.

Salary denial for not opening Salary a/c with employers bank is illegal

May 21, 2017 4887 Views 0 comment Print

Petitioners insist that they should get salary through the existing account with the SBI itself without insisting them to open accounts with the IDBI. Therefore, denial of salary to the petitioners on the ground that they did not open account with IDBI bank is illegal.

GST- Composite Supply Vs Mixed Supply

May 21, 2017 13773 Views 0 comment Print

A new concept of supplying the goods together has been introduced in GST regime which will cover supplies made together irrespective of the fact whether they are related or not. Though the concept of bundled services was there under Service Tax Law which is similar to composite supply but the concept of mixed supply is totally […]

Section 50C applicable on sale value of depreciable asset

May 21, 2017 12270 Views 0 comment Print

Section 50C is a measure provided to bridge the gap as it was found that the assessee were not correctly declaring the full value of consideration or in other words resorting to the practice of under valuation. Further, the decision of Special Bench in the case of ITO vs. United Marines Academy (supra) has made it clear that section 50C will be applicable on the sale value of depreciable asset.

Bogus share capital: AO must scrutinise documents produced by assessee, addition cannot be done merely on report of investigation wing

May 21, 2017 3270 Views 0 comment Print

The Income Tax Appellate Tribunal’s (ITAT) order upholding the Appellate Commissioner’s opinion that the additions made in the course of reassessments were unsustainable, were challenged by the Revenue. The reassessment notice was issued to the assessee for AY 2002- 03 on the ground that information received from the Investigation Wing pointed to its being the beneficiary of the accommodation entries that were subjected to addition under Section 68.

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