"22 August 2018" Archive

Maintenance of Accounts And Records Under GST Regime

Every registered person under GST must maintain all records at his principal place of business as prescribed under Section 35 of the Central Goods and Service Tax Act, 2017 read with Rule 56 of the Central Goods and Service Tax Rule, 2017....

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Personal Loans: Focus on Need, Not Eligibility

When you are going through a cash crunch, then a short-term personal loan can often be a life-saver. In fact, people take loans for all kinds of purposes- international trips, purchase of two-wheelers, and even marriages. However, are there some situations in which you should steer clear of getting a loan? ...

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No Tax Exemption if society Fund was used to provide Scholarships to students for Business Need of group entity

M/s. Commitment Mortality Vision Education Society Vs ACIT (ITAT Delhi)

M/s. Commitment Mortality Vision Education Society Vs ACIT (ITAT Delhi) In the instant case by way of collusion between the FIITJEE Group and the assessee, the funds have been given to the Group entities in the name of disbursement of scholarship etc. This collusion is evident from the statement of Sh. Aseem Gupta as how […]...

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Section 12A Registration to Convent- HC refers matter back to CIT

Sacred Heart Convent Vs Commissioner of Income Tax (Kerala High Court)

In the present case, the Commissioner does not speak of absence of a written constitution. The appellant also asserts that the constitution of the Generalate regulates the Houses also, which come under the Generalate. The Tribunal also found that the appellant comes under the exclusive control of the Generalate through the hierarchies as...

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Limitation Law not applies to Service Tax Refund Applications where Tax was paid by Mistake

M/s. 3E Infotech Vs Customs (Madras High Court)

M/s. 3E Infotech Vs Customs (Madras High Court) we are of the opinion, that when service tax is paid by mistake a claim for refund cannot be barred by limitation, merely because the period of limitation under Section 11B had expired. Such a position would be contrary to the law laid down by the Hon’ble Apex Court, […]...

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Penalty cannot be imposed merely because AO did not allow claim of Assessee

Aristo Pharmaceuticals Pvt. Ltd. Vs ACIT (ITAT Mumbai)

Recently, in Aristo Pharmaceuticals Pvt. Ltd. vs. ACIT [ITA No.6680/Mum/2012 with ITA No.5553/Mum/2014 and ITA No.5479/Mum/2015, A.Y.: 2009-10, 2011-12 & 2012-13, decided on 26.07.2018], briefly stated, the assessee-company was engaged in the business of manufacturing and sale of pharmaceuticals products filed its return of income for A.Y...

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GST: HC directs to not to invoke bank guarantee if there is time to file Appeal

M/s. Berger Paints India LTD. Vs States Tax Officer (Kerala High Court at Ernakulam)

I, therefore, dispose of this Writ Petition holding that the respondent will not invoke the bank guarantee for three months. In the meanwhile the petitioner may make all efforts before the 7th respondent to get an interim protection, pending appeal — adjudication....

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National Pension Scheme-NPS- Mix of EET & EEE (whether only for tax saving or investment for retirement life)

Insertion of Section 10(12A) Finance Act (FA), 2016 was a welcome step by the CBDT to the NPS subscribers wherein 40% of the accumulated NPS corpus was made exempt from income tax on closure of NPS account at the time of withdrawal. Earlier, the entire amount was taxable. CBDT is introducing new provisions in IT Act to provide NPS a level...

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Ownership and succession of HUF assets

There is a misconception among people that an HUF can come into existence only if it owns any assets. An HUF and HUF assets are two different concepts. It is not necessary that an HUF should have an asset for coming into existence. There may be situation where an HUF exists on the basis of existence of persons but it may not own any asse...

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Assessee cannot question jurisdiction of AO in case of non-compliance and/or after the stipulated period

Abhishek Jain Vs Income-tax officer (Delhi High Court)

Abhishek Jain Vs ITO (Delhi High Court) Abhishek Jain, as an individual, has filed the present writ petition for quashing notice dated 18th February, 2016 issued under Section 148 read with Section 147 of the Income-tax Act, 1961 (hereinafter referred to as the ‘Act’) for the assessment year 2009-10 by the Income-tax Officer,...

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