"08 May 2018" Archive

CBDT notifies Foreign Oil Companies eligible for exemption U/s. 10(48A)(ii)

Notification No. 22/2018-Income Tax [S.O. 1845(E)] (08/05/2018)

Central Government, having regard to the national interest, hereby notifies the following foreign companies and agreement, for the purposes of clause (ii) of the proviso to clause (48A) of section 10 of the Income-tax Act, 1961...

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Outbound transportation from place of removal gets covered by definition of input service

Commissioner Of Customs Central Excise And Service Tax Vs. M/s. The Andhra Sugars Ltd. (Supreme Court of India)

The Supreme Court has said that once it is accepted that place of removal is the factory premises of the assessee, outward transportation from the said place would clearly amount to input service....

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Non-compliance of Section 194H by assessee attracts rigor of Section 201

The Director, Prasar Bharati Vs. CIT (Supreme Court Of India)

The Director, Prasar Bharati Vs. CIT (Supreme Court Of India) In our considered view, the High Court was right in holding that the provisions of Section 194H are applicable to the appellant because the payments made by the appellant pursuant to the agreement in question were in the nature of payment made by way of […]...

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Rights of daughters in coparcenary property if suit for partition filed before 09.09.2005 and decree been passed after 09.09.2005

Danamma @ Suman Surpur vs Amar (Supreme Court of India)

Rights of daughters in coparcenary property as per the amended S. 6 are not lost merely because a preliminary decree has been passed in a partition suit. So far as partition suits are concerned, the partition becomes final only on the passing of a final decree. Where such situation arises, the preliminary decree would have to be amended t...

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SC on Taxability of Receipts by housing co­-operative societies from Members

ITO Vs. Venkatesh Premises Co-op Society Ltd (Supreme Court of India)

Principles of Mutuality: Receipts by housing co­-operative societies such as non­-occupancy charges, transfer charges, common amenity fund charges and certain other charges from their members are exempt from income-tax based on the doctrine of mutuality....

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Notice served on authorized representative is deemed service of notice to Assesse if Assessee was not available to receive the same on Several Occasions

Income Tax Officer Vs. Dharam Narain (Supreme Court of India)

Income Tax Officer Vs. Dharam Narain (Supreme Court of India) 1. By the impugned order, the High Court has quashed the notice dated 16th October, 2006 issued under Section 143(2) of the Indian Tax Act, 1961 to the respondent– Assessee by allowing the writ petition filed by the said Assessee. Aggrieved, the Revenue is in […]...

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First Appellate Authority under Delhi GST Act Notified

P.N0.(03)/HR/DGST/2018/5220-29 (08/05/2018)

Appointment of Appellate Authority under DGST Act, 2017 I do hereby authorise all the Additional Commissioners of this department to perform the functions of Appellate Authority to hear appeals as referred to in section 107 of the Delhi Goods and Services Tax Act, 2017. ...

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MCA notifies Additional fee of Rs.100 per day for delay in filing ROC Forms

In case the due date of filings under Section 92 (Annual Return) or 137 (Annual Financial Statement) of the Companies Act, 2013 expires after 30/06/2018, the additional fee @Rs.100 per day shall become payable in respect of MGT-7, AoC-4, AoC-4 XBRL and AoC-4 CFS....

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Posted Under: Income Tax |

18% GST Payable on Liquidated Damages for delay In Power Project: AAR

In re M/s. Maharashtra State Power Generation Co. Ltd (AAR Maharashtra)

Whether GST is applicable on Liquidated Damages in case of Operation & Maintenance activities and Construction of new power plants or renovation of old plants Or is applicable in both cases?...

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Taxability of amount received by an employee from redemption of Stock Appreciation Rights

Addl. Commissioner of Income Tax Vs Bharat V. Patel (Supreme Court of India)

In the instant case, the fundamental question which arises for consideration before this Court is with regard to the taxability of the amount received by the Respondent on redemption of Stock Appreciation Rights (SARs.)...

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