"19 May 2018" Archive

TDS was not applicable on Hiring of Vehicles prior to Amendment in Sec 194-I

The Commissioner Of Income Tax-1 Vs. M/s. Pioneer Personalized Holidays Pvt. Ltd (Kerala High Court)

CIT Vs. M/s. Pioneer Personalized Holidays Pvt. Ltd (Kerala High Court) Section 194C of the Act speaks of any payment made to any resident, referred to as a contractor, for carrying out any work including supply of labour, in pursuance of a contract between the contractor and a specified person. Here, the contract if at all, […]...

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AO cannot Review Original Assessment without any Fresh Tangible Material

The Pr. Commissioner of Income Tax Vs. Ram Kumar Duhan (Punjab and Haryana HC)

In the Case, Commissioner of Income Tax vs Ram Kumar Duhan, Punjab and Haryana High Court jointly held that the Assessing Officer (AO) has no power to review original assessment without any fresh tangible material....

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Registration U/s. 12AA can’t be denied merely because Few Objects of Society are meant for benefit of Members

Commissioner of Income Tax-Exemption, Vs. Vyapar Sangh Court Road, Hanumangarh Junction

In this Income-tax Appeal filed under Section 260-A of the Income Tax Act, 1961, the appellant Income Tax Department, has challenged the order dated 24.05.2017 passed by Income Tax Appellate Tribunal, Jodhpur Bench, Jodhpur in ITA No.336/Jodh/2016....

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ITAT recalls Ex-Parte order as Consultant was pre-occupied with GST work

Paresh Nanubhai Shiroya Vs ITO (ITAT Ahmedabad)

Applicant along with their staff were extremely pre-occupied with the GST work of transition and registration of the dealers. Since, it was a new enactment and there were enormous complexities and unclearity, apart from the technological problems, continuously issued circulars and instructions etc., the said tax consultant could not file ...

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Section 54 not defines quantum of construction to be eligible for Exemption

Pr. CIT Vs Shri Prakash Chand Modi (Rajasthan High Court)

Section 54 no where defines the quantum of construction on the land so as to be eligible to be defined as a residential unit. The only condition is that there should be a residential house capable of being used as a residence by any person....

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Marine paints cannot be considered a Part of Ship under GST Laws

Jotun India Private Limited (GST AAR Maharashtra)

Whether marine paints supplied by the applicant, would be considered to be a part of ship and accordingly be then classified under SI No. 252 of Schedule I of Notification No. 1/2017 of Central Tax (Rates) dated June, 28, 2017?...

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No input Tax Credit of Education, SHE & Krishi Kalyan cess under GST

In re CMI FPE Limited (GST AAR Maharashtra)

Appellant not eligible to avail input tax credit against unutilised cenvat credit such as Education cess, Secondary & Higher secondary Education cess & Krishi Kalyan cess lying in his books of Accounts....

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Interest component has to be excluded while levying penalty U/s. 221(1)

CIT Vs Oryx Finance and Investment (P) Ltd. (Bombay High Court)

The Revenue has assailed the judgment and order of the Tribunal thereby partly allowing the appeal filed by the Revenue against the judgment and order of the Commissioner (Appeals)....

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Service of Section 148 Notice to CA of Assessee is not service at all

M/s Ardent Steel Limited Vs ACIT (Chhattisgarh High Court)

No notice was served to the petitioner under Section 148(1) of the IT Act and service of notice to the Chartered Accountant of the petitioner Company is not service at all and participation of the petitioner Company by filing return and filing objection to the notice to the reasons to believe cannot be held to be a valid service of notice...

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E-way bill within state of Punjab to commence from 01.06.2018

Generate the e-Way Bills from the e-Way Portal on trial basis to get well versed with the system before the implementation of intra-state e-Way Bill w.e.f. 01-06-2018 in Punjab...

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