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Archive: February, 2019

Posts in February, 2019

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

February 20, 2019 1020 Views 0 comment Print

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.

ITAT allows Expense on Speed-Boat to Akshaye Khanna

February 20, 2019 1182 Views 0 comment Print

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 the same was allowable to the assessee […]

Compensation on termination of services of workmen not to be awarded by BHEL if command, control and management was with contractor

February 20, 2019 3171 Views 0 comment Print

Since the workmen was employed by the contractor not by assessee-BHEL  and no wages were ever been paid to them by BHEL as they were in the service of the contractor, therefore,  the workmen was not under the command, control, management of the BHEL and, concomitantly, the contractor had absolutely control over the workmen in performing such duties. More so, assessee-BHEL had nothing to do with the termination of services of the workmen by the contractor.

HC order Release of Goods as Sale Transaction not attained Finality

February 20, 2019 990 Views 0 comment Print

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 […]

Exemption U/s. 54F cannot be denied for Purchase of Plot in HUF name

February 20, 2019 2325 Views 0 comment Print

Kanaiyalal Muljibhai Patel Vs ITO (ITAT Ahmedabad) The issue before us is, whether the house constructed by the assessee on a plot purchased in the name of HUF, exemption under section 54F, is available to the assessee or not ? The Revenue is of the opinion that for claiming exemption under section 54F, the investment ought […]

GST on Air-springs used in Air-springs assemblies for Indian Railways

February 20, 2019 1458 Views 0 comment Print

In Re Resistoflex Dynamics Pvt. Ltd (GST AAR Uttar Pradesh) (a) Whether the air-springs imported by the Applicant are classifiable under HSN heading 8607 (i.e. parts of coach work of railway running stock) and thus covered under Entry No. 241 of Schedule-I of GST rate notifications?  It will not be appropriate to classify air springs […]

Dabur Odomos classifiable under HSN 38089191 : AAR UP

February 20, 2019 1341 Views 0 comment Print

In re Dabur India Ltd. (GST AAR Uttar Pradesh) The issue presented before us, the classification of `Odomos’ has to be examined under the relevant provisions of the Customs Tariff Act, 1975, as to whether the product `Odomos’ should be classified under Chapter-38 or under Chapter 30 of the Customs Tariff Act, 1975. We find […]

HC disposes petition as same was appealable under Punjab GST Act, 2017

February 20, 2019 723 Views 0 comment Print

It was stated by learned counsel for the State that the goods have been released and the amount of tax and penalty has been deposited  by the petitioner. It was further stated that the impugned order is appealable under Section 107 of Punjab General Goods and Service Tax Act, 2017.

Delayed ESIC and PF payment before filing of IT Return allowable

February 20, 2019 7572 Views 0 comment Print

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.

Anti-dumping duty meant for new machinery cannot be imposed on second hand machinery

February 20, 2019 2586 Views 0 comment Print

CESTAT Chennai has held that import of second hand machinery cannot be subjected to imposition of anti- dumping duty (ADD) meant for new machinery. It observed that purpose of anti-dumping is served, in case of second-hand machinery, by way of re-appraisement of declared value, and imposition of ADD would be nothing but double jeopardy.

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