"20 February 2019" Archive - Page 2

Brief analysis of Hon’ble SC ruling on ‘Non-appearance of Counsel’ as a ground for adjournment w.r.t. to GST Law

Supreme Court ruled that We make it clear that since we have not found it to be a good ground for adjournment, under no circumstances, application for restoration shall be entertained....

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No adjournment on the ground of non-presence of counsel in court: SC

Ram Siromani Tripathi & Ors. Vs State of U.P. & Ors. (Supreme Court of India)

Mr. R.K. Ojha, learned counsel appears on behalf of the counsel for the appellants and submits that the learned counsel for the appellants is not present in the Court today. It is stated that he is out of station. This is no ground to seek adjournment. We therefore reject the request for adjournment. We have asked the learned counsel to a...

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Municipal Tax directly related to let out Property cannot be deducted against other Income

ACIT Vs Camoron Finance & Investments (ITAT Mumbai)

Payment of municipal taxes are directly related to letting out of the property, therefore, the same could not be allowed as a deduction under Sec. 57(iii) for the purpose of earning of amenities charges by the assessee....

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Mere variation in description of Goods in Dealers’ Invoice and Inward Notes not sufficient to suspect Fraudulent Credit

M/s. C.P.C. (P) Ltd. Vs Commissioner of GST & Central Excise Coimbatore (CESTAT Chennai)

M/s. C.P.C. (P) Ltd. Vs Commissioner of GST & Central Excise Coimbatore (CESTAT Chennai) The very variation in the description of the goods in the dealers’ invoice, as well as the material inward notes, cannot be a ground for alleging that the appellant has availed fraudulent credit. There is no allegation with respect to the [&hell...

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ITAT allows Expense on Speed-Boat to Akshaye Khanna

Akshaye Khanna Vs ACIT (ITAT Mumbai)

Akshaye Khanna Vs ACIT (ITAT Mumbai) Assessee had been using speed-boat for travelling from Mumbai to Alibaug for his professional activities like acting, practice, health, maintenance, story telling etc. and hence, business asset has been utilized by assessee for commutation for professional work and therefore, the expenditure against th...

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No TDS on Payment to Amazon for Web-Hosting as same is not Royalty

EPRSS Prepaid Recharge Services India Pvt. Ltd. Vs ITO (ITAT Pune)

EPRSS Prepaid Recharge Services India Pvt. Ltd. Vs ITO (ITAT Pune) Tribunal further observed that there was no amendment in the DTAA between the two countries analogous to the Explanation 5 to section 9(1) of the Act and accordingly Amazon was not chargeable to tax in respect of Web hosting charges received from the assessee […]...

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HC order Release of Goods as Sale Transaction not attained Finality

Sunaiba Industries Vs State of U.P. (Allahabad High Court)

Sunaiba Industries Vs State of U.P. (Allahabad High Court) The petitioner is the selling dealer of the goods. The goods were being transported from Delhi to Kanpur in 30 builties. Only on account of improper invoice in respect of some of the builites, the goods have been seized and directed to be released on furnishing […]...

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Section 54 Exemption when Agreement to sell old property and investment in new residential property within one year

Gautam Jhunjhunwala Vs ITO (ITAT Kolkata)

Agreement to sell old property and investment in new residential property within one year, whether to be claimed as exemption under section 54....

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TDS U/s. 194J not deductible on fees for Translation of Articles

Shri Goutam Mukhopadhyay Vs PCIT (ITAT Kolkata)

Shri Goutam Mukhopadhyay Vs PCIT (ITAT Kolkata) It is not in dispute that the assessee has made payment of Rs. 96,000/- to Mahua Basu Mallick for displaying articles towards Cancel Awareness Programme in Bengali language pursuant to dictations given by the assessee in English. In effect, this is nothing but a payment made for translation ...

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Delayed ESIC and PF payment before filing of IT Return allowable

DCIT Vs Andhra Prabha Publications Ltd. (ITAT Hyderabad)

Ifthe employees’ share of contribution is paid before the due date of filing the return u/s 139(1) of the Income-tax Act, 1961 then no disallowance can be made....

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