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Archive: 27 August 2018

Posts in 27 August 2018

ITAT directs AO to treat licence fee derived from tenants as business income

August 27, 2018 801 Views 0 comment Print

Batram Properties Pvt. Ltd. Vs ITO (ITAT Kolkata) Under section 22 of the Act the charge to tax of income from house property is based on the ownership of such property. The admitted position in the present case is that the assessee is only a tenant and not the owner of the property. It is also […]

ITAT deletes addition under section 40A(3) for Cash payments to BSNL

August 27, 2018 2229 Views 0 comment Print

Kamta Prasad Mittal Vs Dy. CIT (ITAT Lucknow) It is an undisputed fact that a Demand Note was issued by BSNL requiring the assessee to make payments in cash and genuinity of the payments to BSNL was never doubted by the With regard to the observation of the ld. CIT(A) that BSNL is not a […]

Remuneration to partners cannot be disallowed merely because share of partners not fixed or deed not provides for manner of quantification of such remuneration

August 27, 2018 8187 Views 0 comment Print

Panda Fuels Vs ITO (ITAT Cuttack) We have heard the rival submissions, perused the orders of lower authorities and materials available on record. In the instant case the Assessing Officer disallowed deduction for remuneration paid to partners of Rs.6,64,923/- on the ground that the partnership deed does not provide for remuneration to partners. The same […]

Obstacles in celebrating GST Rakshabandahan (Matching)

August 27, 2018 12261 Views 1 comment Print

In GST matching and mismatching of purchase/sale bond needs to be done to ensure the promise to claim ITC. This can be done by matching the details of GSTR-2A with purchases as shown in the Books of Accounts.

No GST on fee for grant of license sale of liquor for human consumption

August 27, 2018 1458 Views 0 comment Print

Learned counsel for respondents No.1 to 3 fairly submitted that he has received instructions to the State that in 26th meeting of GST Council held on 10.03.2018 it has been decided that no GST/Service Tax is leviable on the fee paid for grant of license sale of liquor for human consumption.

Section 56(2)(viia) prevents laundering of unaccounted income under the garb of gifts

August 27, 2018 3501 Views 0 comment Print

Vora Financial Services P. Ltd Vs. ACIT (ITAT Mumbai) The provisions of section 56(2) (vii) were introduced as a counter evasion mechanism to prevent laundering of unaccounted income under the garb of gifts‘ particularly after abolition of the Gift Tax Act. The provisions were intended to extend the tax net to such transactions in kind. The […]

HC explains difference between Res Judicata and Consistency Principle

August 27, 2018 6528 Views 0 comment Print

PCIT Vs. Quest Investment Advisors Pvt. Ltd (Bombay High Court) The decisions cited have uniformly held that res judicata does not apply in matters pertaining to tax for different assessment years because res judicata applies to debar courts from entertaining issues on the same cause of action whereas the cause of action for each assessment […]

Calculation of Lapse of Input Credit for fabrics in GST Regime

August 27, 2018 13248 Views 1 comment Print

Calculation of Lapse of Credit for fabrics- Circular No. 56/30/2018 dated 24-08-2018 -354/290/2018-TRU The Tax Research Unit of CBIC has issued a circular to address the controversy arising due to lapse of credit in respect of fabrics vide Notification 20/2018 dated 26-7-18. The circular deals with calculation of ITC to lapse, impact of lapse of […]

DGFT amends limit for exports on free of cost exports basis for export promotion for Status Holders

August 27, 2018 12843 Views 0 comment Print

The limit of Rs One Crore per year for exports on free of cost exports basis for export promotion for Status Holders is removed and is made 2% of average annual export realization during preceding three licensing years with immediate effect vide Notification No: 28/2015-2020 Dated: 27 August, 2018

Online Status of applications for Import /Non-SCOMET Export/ SCOMET Export Licenses

August 27, 2018 2385 Views 0 comment Print

It is being further informed that applicants may now view the status of their applications for Import /Non-SCOMET Export/ SCOMET Export Licenses on the DGFT’s website dgft.gov.in. To access this facility, applicant may visit the dgft’s website and therein. TRADE NOTICE No. 26/2018 dated 27th August, 2018

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