"10 April 2018" Archive - Page 2

Food Preparations made in kitchen of Restaurant are Excisable Goods

M/s Bharat Hotel Limited Vs CCE (CESTAT Delhi)

The appellant is aggrieved by the order dated 16/08/2017 of Commissioner (Appeals), Central Excise, New Delhi. The appellant is managing hotels and restaurants. They were providing rooms for rent and also various food items, cakes, pastries, cookies, confectionary to the customers in their restaurants....

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Changes in ITR Forms you must know before filing for A.Y. 2018-19

Matters which you must be understand before filling of ITR forms for AY 2018-19; Changes in Income tax return forms for AY 2018-19  A. ITR-1 For individuals being a resident other than not ordinarily resident having Income from Salaries, one house property, other sources (Interest etc.) and having total income upto Rs. 50 lakh: S.No. Pa...

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Reassessment merely on DIT (Investigation) information is bad under law

Metro Decorative (P) Ltd. Vs. ITO (ITAT Delhi)

Reasons recorded by AO to reopen assessment merely on basis of information from DIT(Inv.) without independently applying his own mind could not be said to be reason to believe that income had escaped assessment hence, reopening was bad in law....

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Anti Profiteering Under GST in Easy Way

Anti-profiteering is likely to be an area where policy and practice will continue to develop but in the interim it important to develop and implement a plan to comply with the law. As some of these clarifications may emerge in due course, industry may also think of taking advance ruling on critical issues....

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Posted Under: Excise Duty |

Assessee is entitled to deduction for payment of gratuity to LIC

The District Co-operative Central Bank Vs. ITO (ITAT Visakhapatnam)

In the instant case the assessee has made the payments to the LIC towards group gratuity scheme directly in approved schemes. The assessee has also obtained the policy in favor of the bank. The assessee has no control over the funds contributed to LIC towards the gratuity. ...

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In absence of any material change revenue not justified to take a different view of the matter

M/s. Cargill Incorporated Vs. ADIT (ITAT Delhi)

One these reasonings, in the absence of any material change justifying the Revenue to take a different view of the matter— and, if there was no change, it was in support of the assessee— we do not think the question should have been reopened and contrary to what had been decided by the CIT in the earlier proceedings, a different and c...

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MCA amends Tables in Schedule I related to MOA and AOA

G.S.R. 362(E) (10/04/2018)

MCA amends Schedule I related to Memorandum of Association (MOA) & Article of Association (AOA). It amends Table F which is Articles Of Association Of A Company Limited By Shares and Table H which is Articles Of Association Of A Company Limited By Guarantee And Not Having Share Capital....

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Reassessment notice issued after 4 years without prior approval of Commissioner is not valid

Maruti Clean Coal & Power Ltd. Vs Assistant Commissioner of Income-tax (Chhattisgarh High Court)

The present petition under Article 226 of the Constitution of India has been filed assailing the notice dated 28.03.2017 issued under Section 148 of the Income Tax Act, 1961 (in short, the Act) and also the order dated 25.09.2017 whereby the objections preferred by the petitioner questioning the issuance of notice dated 28.03.2017 was rej...

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Companies (Share Capital & Debentures) Amendment Rules 2018

G.S.R. 363(E) (10/04/2018)

Every certificate shall specify the shares to which it relates and the amount paid-up thereon and shall be signed by two directors or by a director and the company secretary, wherever the company has appointed company secretary:...

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Kerala VAT: Bakery shortening and vanaspati are not similar

M/s. Parisons Foods Pvt. Ltd. Vs. Joint Commissioner Of Commercial Taxes (Kerala High Court)

M/s. Parisons Foods Pvt. Ltd. Vs. Joint Commissioner Of Commercial Taxes (Kerala High Court) The appeal arises from a Clarification Order issued under Section 94 of the Kerala Value Added Tax Act, 2003 (‘KVAT Act’ for short). The appellant/dealer, inter alia, is engaged in the manufacture of ‘bakery shortening’. Th...

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