"08 March 2018" Archive

ITAT confirms Penalty on admitted bogus purchase to Inflate work in progress

Centaur Mercantile P. Ltd. Vs ACIT (ITAT Mumbai)

Centaur Mercantile P. Ltd. Vs ACIT (ITAT Mumbai) It is undisputed that the assessee has booked bogus purchases thereby inflating work-in-progress. Hence, it is clear that the assessee was owner of undisclosed income during the year. It was because of the system of accounting followed by the assessee being percentage completion method, tha...

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Sec 254(2) Tribunal can’t Review its own order unless there is a Mistake apparent from Records

Sh. Bimal V. Pala Vs. Principal CIT (ITAT Mumbai)

Scope of Section 254(2) to rectify mistake apparent from record is very limited and tribunal cannot review its own decisions within limited scope of Section 254(2) unless there is a mistake apparent from records neither it is shown that tribunal order is perverse not sustainable in the eyes of law....

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Sec 54F not prescribe any condition as to date of commencement of construction of new house property

Tarun Jalali Vs. DDIT (ITAT Delhi)

Section 54F do not prescribe any condition as to the date of commencement of construction of new house property, meaning thereby that the construction of house property may be commenced even before the date of transfer of original asset. ...

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GST on Individual Advocates including Senior Advocates and Firm of Advocates

Advocates has privilege of not to pay GST on their output supply, while the taxes on their supplies has to be paid by recipient under Reverse Charge Mechanism (RCM). In this write up, I made a try to answer the questions related to GST on Advocate Services. ...

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Posted Under: Income Tax |

In absence of search Penalty u/s 271AAA cannot be levied

DCIT Vs. Jainco Developers Pvt. Ltd. (ITAT Delhi)

A perusal of the assessment order shows that the assessee has surrendered the income, explained the manner in which it was earned and has paid the taxes due thereon. Therefore, the assessee has fulfilled all the conditions laid down in Section 271AAA for non-levy of penalty under the said provisions. Even otherwise also, it is an admitted...

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Second notice U/S. 148 during pendency of appeal against first notice is invalid

Pushpa Rajawat Vs CIT (Rajasthan High Court)

Pushpa Rajawat Vs CIT (Rajasthan High Court) Since, the original proceedings were pending before the Commissioner (Appeals), without entering into the question of jurisdiction of the Sawaimadhopur assessing officer, the fact remains that the adjudicating authority could not have issued second show cause notice under section 148. In that v...

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Dissemination of yoga or vedic philosophy is medical relief’ U/s. 2(15)

CIT Vs. Patanjali Yogpeeth (NYAS) (Delhi High Court)

Dissemination of Yoga or vedic philosophy or the practice of yoga or education with respect to yoga was well within the larger term ‘medical relief’ as covered within section 2(15)....

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Service Tax not leviable on Packing services incident to Manufacturing of Goods

M/s. Narain Packaging Vs. Commissioner of Service Tax (CESTAT Delhi)

M/s. Narain Packaging Vs. Commissioner of Service Tax (CESTAT Delhi) Admittedly, the packaging is subsequent to manufacture of paper by M/s. J K Paper Ltd. The appellants claim that they have contributed to the incidental activity of manufacture. We note that the appellants are engaged in packing activity in the premises of clients. The c...

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Newly introduced service cannot be made taxable prior to the date of its introduction

CST Delhi Vs Perfect Realtions Ltd (CESTAT Delhi)

There is no dispute that the activities of the appellant are squarely covered within the definition of “Public Relation Services”, which was made taxable w.e.f. 01.05.2006. The stand of the respondent is that a particular service which has been newly introduced cannot be made taxable prior to the date of its introduction. ...

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Trade association established for serving common interest of a particular trade eligible for registration u/s 12AA

Telangana Corrugators Vs. Commissioner of Income Tax (Exemptions) (ITAT Hyderabad)

Hyderabad bench of ITAT ruled that Telangana Corrugators Development Trust is a public charitable trust eligible for Tax Exemption. It is held so in the case of Telangana Corrugators Development Trust versus Commissioner of Income Tax (Exemptions) while allowing the appeal of Assessee....

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