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Archive: 23 May 2018

Posts in 23 May 2018

Loan waiver cannot be taxed under Section 28(iv)

May 23, 2018 5592 Views 0 comment Print

The alternative submission that the amount of loan written off would be taxable under Section 28(iv) of the Act also came up for consideration before this Court in the matter of Mahindra & Mahindra Ltd. ( supra) and it was held therein that Section 28(iv) of the Act would apply only when a benefit or perquisite is received in kind and has no application where benefit is received in cash or money.

No addition for cash deposits when Assessee offered Income u/s 44AE

May 23, 2018 3663 Views 0 comment Print

Bijoy Shribastab & Anr. Vs ITO (ITAT Kolkata) It is not in dispute that the assessee had not maintained books of accounts for his transport business. It is not in dispute that the assessee owns less than 10 vehicles and is accordingly entitled to offer income u/s 44AE of the Act. It is not the […]

HC passes Strictures passed against Dept’s Advocate for seeking to reargue settled concluded issues

May 23, 2018 906 Views 0 comment Print

We are pained to record this most unreasonable attitude on the part of the Advocate for the Revenue of seeking to reargue settled concluded issues, without having obtained any stay from the Apex Court. This results in unnecessary wastage of the scarce judicial time available in the context of the large number of the appeals awaiting consideration.

Interest on funds which are to be deployed for construction of plant in future cannot be treated as Income

May 23, 2018 4299 Views 0 comment Print

Ms. Bank Note paper Mill India Pvt. Ltd Vs ITO (ITAT Bangalore)  ITAT held that where the interest receipt is directly connected or incidental to working of construction of assessee plant, it should be reduced from the capital cost of project and not be treated as income. Statement provided by assesse in form of Annexure […]

Section 41(1) cannot be invoked by revenue without showing that such liability had, in fact, ceased to exist

May 23, 2018 927 Views 0 comment Print

(1) Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was justified in deleting the addition of Rs. 23,04,369 by considering the same to be service tax? (2) Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was justified in deleting the addition of Rs. 53,600 made under section 40(a)(ia) of the Income Tax Act, 1961?

Rajasthan GST: Extension of Time Limit to conclude Inspection Proceedings

May 23, 2018 735 Views 0 comment Print

Additional Commissioner, State Tax, Anti Evasion, Joint Commissioner (Adm.), Anti Evasion and all the Joint Commissioner (Adm.), State Tax can Extend Time Limit to Conclude Inspection Proceedings under Rajasthan GST, beyond three working days with reasons to be recorded in writing.

Modelling dough falls under Custom Tariff Heading 3407: GST AAR Maharashtra

May 23, 2018 3528 Views 0 comment Print

In re M/s. A.W. Faber-Castell (India) Pvt. Ltd (GST AAR Maharashtra) Question: What is the appropriate classification and rate of CGST on the supply of the product in question- Modelling Dough. Answer : Modelling dough will be covered under CTH 3407 under the Customs Tariff Act, 1975. FULL TEXT OF  ORDER OF AUTHORITY FOR ADVANCE […]

No GST Exemption on warehouse services used for packing & storage of Tea; AAR

May 23, 2018 10161 Views 0 comment Print

The present application has been filed under section 97 of the Central Goods and Services Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as “CGST Act and MGST Act”] by NUTAN WAREHOUSING COMPANY PRIVATE LIMITED, the applicant, seeking an advance ruling in respect of the following issues.

Clarification on term ‘Duty’ under Sl. No. 3 of Appendix 3A of FTP 2015-2020

May 23, 2018 1683 Views 1 comment Print

It is clarified that the term Duty used in respect of the items listed in Appendix 3A is to be read as Basic Customs duties only and not all Customs duties (including BCD=SAD/IGST)

Services that Seems to be Export, But Not Treated as Export under GST

May 23, 2018 127863 Views 32 comments Print

In this article, let us discuss and clarify on basic concept of Export of Service and distinctly distinguish Services that Seems to be Export, but are Not Treated as Export of Service under GST. Before proceeding let us first understand the concepts.

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