"12 November 2017" Archive

Gist of various recommendations made at 23rd GST Council Meeting held on November 10, 2017

GST Council has come out with a string of deadline relaxations and lowering of penalty/ late fees for delayed filing of return along with an increase in the annual turnover threshold for the composition scheme to Rs 1.5 crore (overall limit to be increased to Rs. 2 Cr) from the recently revised Rs 1 crore....

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Except Composition all have to pay GST for every month !

Arjuna, the main characteristics of Form GSTR – 3B are as follows: 1. Form GSTR -3B is to be filed for every month before 20th of next month upto March, 2018. 2. The concept of Form GSTR -3B is introduced for not to decrease the revenue of Government. 3. Form GSTR -3B cannot be revised. 4. After feeding all the information, tax liab...

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SC explains concept of fixed place of business, service PE and agency PE

ADIT Vs E-Funds IT Solution Inc (Supreme Court of India)

The Income Tax Act, in particular Section 90 thereof, does not speak of the concept of a PE. This is a creation only of the DTAA. By virtue of Article 7(1) of the DTAA, the business income of companies which are incorporated in the US will be taxable only in the US, unless it is found that they were PEs in India...

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Interest on FDRs before business Commencement is Income from Other Sources

Principal Commissioner Of Income Tax Vs. M/S Sangam Power Generation Company Limited (Allahabad High Court)

Anything which can properly be described as income is taxable under the Act unless expressly exempted. Following the above principle, Court held that interest earned by Assessee is clearly its income and unless it can be shown that any provision like Section 10 has exempted it from tax, it will be taxable. ...

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HC refuses to entertain writ petition filed, as an alternative remedy was available U/s.17 of SARFAESI Act, 2002

M/S Kanika Swami Vs State Of U.P. (Allahabad High Court)

In the present case, the petitioner has not made any representation under Section 13 (13-A) of the SARFAESI Act, 2002 before the bank and has approached this Court by-passing statutory mechanism which has been disapproved by the Supreme Court in the case of Devi Ispat Limited and another Vs. State Bank of India and other (2014) 5 SCC 762....

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Value declared in Wealth Tax Return cannot be taken as Cost of Acquisition

Commissioner of Income Tax Vs Vasavi Pratap Chand (Delhi High Court)

Court is satisfied that no error was committed by the ITAT in holding that the value declared in the tax return filed by the Assessees under WTA cannot be taken to be the cost of acquisition in the hands of the Assessees....

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AO cannot treat allotment letter as fake in absence of any evidence

Miss Indira Vasanji Shah Vs. DCIT (ITAT Mumbai)

The Income Tax Appellate Tribunal (Mumbai) has held that, Income from Capital Asset is Capital Gain and not business Income even if Assessee was regularly booking Flats and Selling the same. Any kind of Income from Capital Assets held by the Assessee whether or not connected with his business of profession earned must be treated as capita...

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Limitation period U/s. 264(3) begins from date of receipt of intimation U/s. 143(1)

Hargovind Pandey Vs Pr. CCE (Delhi High Court)

The challenge in this writ petition is to an order dated 21-12-2016 passed by the Principal Commissioner (PCIT) rejecting the Petitioners application under section 264 of the Income Tax Act, 1961 (Act) on the ground of limitation....

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Govt subsidy not related to any specific assets cannot be reduced from cost of asset

Spectrum Coal & Power Ltd. Vs. ACIT (ITAT Mumbai)

Receipt of grant from US Aid through ICICI to create an institutional environment for technological innovations could not be regarded as meeting of cost of specific asset by Central Government or State Government or any authority established by any law in India or any other person, so as to cause Explanation 10 to section 43(1) get attrac...

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Compensation received for providing amenities is taxable as income from house property

Star Gold Pvt. Ltd. Vs. Dy. CIT (ITAT Mumbai)

Receipts towards amenities are to be considered as part of rental income. However, the expenses incurred towards security service and pantry services are not connected to the rental income and hence, they should be deducted from the receipts from amenities....

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