"24 September 2017" Archive

How APMC Market traders can claim GST Exemption on Packed Branded Goods

Practice to be followed by traders in APMC Market from 22nd September 2017 in order to remain eligible for exemption : 1) Every Traders should make sure that on all the Fresh Goods received on or after 22nd September 2017 following disclaimer is Compulsorily printed on all the Bags in inedible ink in English as well as Local Languages (Hi...

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Every Majority Decision is Not ‘Cartelisation’: Delhi HC in Reliance Jio Vs. Others

Vodafone India Limited Vs The Competition Commission of India represented by its Secretary & ors. (Bombay High Court)

Bombay High Court quashed and set aside an order of the Competition Commission of India (CCI) which directed a probe into the ‘cartelisation’ charge leveled against Vodafone India, Idea Cellular and Bharti Airtel Limited, by Reliance Jio....

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Service Tax under RCM on Senior Advocates Applicable from April 2016: Delhi HC

Delhi High Court Bar Association & ANR Vs Union of India & Ors (Delhi High Court)

service tax from 1st April 2016 itself ought to have been collected on reverse charge basis. If any client who has paid the fees of the Senior Advocate, has failed to make payment of the corresponding service tax on reverse charge basis, it would be open to the Department to proceed against such client to recover the service tax in accord...

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Service Tax not payable on Financial Advisory Services provided by CRISIL prior to 16.08.2002

Commissioner, Service Tax Vs. M/s. Crisil Ltd. (Bombay High Court)

Advisory services provided by CRISIL does not fall under category of Management Consultancy Services and is correctly classified under the Banking and other Financial Services....

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Perfection And Excellence Is Lacking In Legal Profession: Delhi HC

Swaran & Anr Vs. Indu Wahi & Ors (Delhi High Court)

Perhaps, it is because of the said grounds having been allowed by the Courts to prevail, that perfection and excellence is lacking in the legal profession and mediocrity has set in....

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Profit increased due to disallowance U/s. 40(a)(ia) is eligible for deduction U/s. 10A

Dy. CIT Vs. Goldman Sachs Services (P) Ltd. (ITAT Bangalore)

It cannot be denied that expenditure incurred by the assessee for the purpose of developing housing project and not allowable by virtue of section 40(a)(ia) would ultimately go to increase assessee's profit from such business and profit as computed after making the dis allowance would, therefore, qualify for deduction under section 10A....

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Expenses not allowable on Failure to prove that it was incurred for business purpose

Kanhaiyalal Dudheria Vs Jt. CIT (ITAT Bangalore)

These are appeals filed by the assessee-firm directed against the common order of the Commissioner (Appeals), Gulbarga, dated 29-1-2016 for the assessment years 2011-12 and 2012-13. Since common issue is involved in both the appeals, we proceed to dispose of the same by this common order....

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At registration stage of a charitable trust u/s 12AA CIT not required to look its activities

CIT vs. Shreedhar Sewa Trust (Allahabad High Court)

This appeal under Section 260­A of Income Tax Act, 1961 (hereinafter referred to as the Act, 1961) has arisen from judgment and order dated 12.04.2017 passed by Income Tax Appellate Tribunal, Lucknow Bench A, Lucknow (hereinafter referred to as the Tribunal) in ITA No. 492/LKW/2016....

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Open letter to CBDT on restriction on use of Email & Mobile Number

The department issued an advisory on 22nd September, asking taxpayers to furnish their latest information such as personal and secondary email and mobile phone numbers, address and bank account details. These details are then verified and processed after the taxpayer is sent a One Time Password (OTP) over the email and through SMS over th...

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Assessment u/s 153A can be made only on the basis of incriminating material found in search

Commissioner of Income Tax­ 20 Vs. Shri. Deepak Kumar Agarwal (Bombay High Court)

Though the name of the respondent ­ assessee is distinct in each of these Appeals, it is agreed that the Revenue is proposing similar questions in all of them. These Appeals of the Revenue arise out of the order passed by the Tribunal and taking a view that the grounds raised are covered, in majority of the cases, by the earlier order of...

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