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Archive: November, 2018

Posts in November, 2018

Service Tax Non-payment due to illness of Mother of Partner: CESTAT drops Penalty

November 10, 2018 882 Views 0 comment Print

M/s. ARCHI-TECHNICS Vs. Commissioner of Central Excise and Service Tax (CESTAT Bangalore) I find that there was delay in payment of service tax which was on account of the reasonable cause as the mother of one of the partner was suffering from heart problem. Further, I find that this Tribunal in the case of Raj […]

No disallowance U/s. 40(a)(ia) for shortfall in TDS Payment due to difference of opinion

November 10, 2018 1773 Views 0 comment Print

Where there was any shortfall due to difference of opinion or taxability of any items or the nature of payment falling under various TDS provisions, assessee could be declared to be assessee-in-default under section 201, but no disallowance could be made under section 40(a)(ia) and therefore, disallowance made was to be deleted.

Section 43B does not contemplate liability to pay service tax before actual receipt of the funds

November 10, 2018 2073 Views 0 comment Print

When assessee did not receive any amount from its clients, on which services tax was payable, then, the amount claimed by the assessee being unpaid service tax as its liability could not be disallowed under section 43B, as liability to pay service tax in respect of consideration would arise only upon the assessee receiving funds and not otherwise.

Corpus fund cannot be taxed even if registration u/s 12AA has not been granted

November 10, 2018 7716 Views 0 comment Print

Civil Services Institute Vs DCIT (ITAT Delhi) It is observed from communication between assessee and Government of Uttarakhand Department of Culture, Tourism and Games, Dehradun, dated 01/12/14, that funds were released, as ‘corpus fund’ for operation of Civil Services Institute construction at Dehradun. It is also observed that only reason for disallowance of claim of […]

Reopening invalid if on incorrect premise that assessee has not filed return

November 10, 2018 2718 Views 0 comment Print

Mumtaz Haji Mohmad Memon Vs ITO (Gujarat High Court) The Assessing Officer may be correct in pointing out that when the sale consideration as per the sale deed is Rs.50 lakhs but the registering authority has valued the property on the date of sale at Rs.1,18,95,000/-­ for stamp duty calculation, section 50C of the Act […]

Tax on Liability of amalgamating company written off by amalgamated company

November 10, 2018 4191 Views 0 comment Print

DCIT Vs. Babcock Borsig Ltd. & Vice-Versa (ITAT Kolkata) Liabilities brought forward from amalgamating company written off by the amalgamated company (assessee) become its Business income- i.e. Profit chargeable to tax under section 41(1) of Income Tax Act, 1961 as the assessee had written off the liabilities after coming to a conscious conclusion that those […]

Advisory to UIN Entities claiming GST Refunds

November 10, 2018 732 Views 0 comment Print

FORM GSTR-11 under Rule 82 of the CGST Rules, 2017 mandates reporting “Place of Supply” for every invoice on which refund is applied for. Many UIN entities while filling invoice data have been reporting their place of supply as the State where they are registered instead of the place of supply as reflected in the invoice.

Committee of Experts report on Regulating audit firms & Networks

November 10, 2018 3606 Views 0 comment Print

Committee of Experts submits its report on Regulating audit firms and the Networks The Committee of Experts has submitted its report on Regulating audit firms and the Networks to the Government of India through the Secretary, Ministry of Corporate Affairs. The Committee was constituted on April 20, 2018 pursuant to the directions of the Hon’ble Supreme Court […]

Frooti is beverage chargeable to Entry Tax @ 2% in Chhattisgarh

November 9, 2018 2763 Views 0 comment Print

The petitioners cannot be allowed to make separate entry when frooti is covered within the specific entry and residuary entry cannot be resorted into. In the considered opinion of this Court, both the authorities are absolutely justified in holding that frooti is a product covered by Entry 14 of Schedule II of the Chhattisgarh Entry Tax Act, 1976.

Rounding Off Railway Fares Prima Facie Abuse of Dominance: CCI

November 9, 2018 7914 Views 0 comment Print

Mr. Meet Shah Vs Union of India, Ministry of Railway (Competition Commissioner of India) Railway and IRCTC (Opposite Parties) have not been able to convince the Commission as to why the policy of rounding off of actual base fares to the next higher multiple of Rs.5 is applicable to the sale of online tickets, when […]

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