"21 March 2019" Archive

Decisions of 34th GST Council Meeting

In the 34th GST Council Meeting held on 19.03.2019, the Council has come up with the operational details for implementation of the recommendations made by it in the previous meeting. However, as on date, no official notifications have been released by the CBIC. Ongoing Projects (not completed by 31.03.2019): The promoters shall be given a...

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New GST Returns W.E.F. April 1, 2019

NEW GST RETURNS The new GST returns would be implemented on a pilot basis from April 1, 2019 and will be made mandatory from July 1, 2019 according to the decision by the GST Council. Since the new returns would be run on a pilot basis, the existing return formats (i.e. GSTR-3B) will be continued […]...

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Business Agreements: Drafting and Presenting

Any person who thinks to expand its business, needs to have very good business relation. Business relations grows when there are clear terms and conditions finalised between the two and both of two parties agree to adhere to such terms. So for any business deal, the parties to such business must be clear and that […]...

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Excel Utility as per new GST ITC utilization rules applicable from 01.02.2019

Excel Utility for GST Input Tax Credit (ITC) utilization as per new Amendment applicable from 01.02.2019 The Order for utilization of ITC has been changed along with introduction of new Sections 49A & 49B under The CGST Act 2017. Utilization of input tax credit subject to certain conditions “49A. Notwithstanding anything contained...

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Non Payment of Salary for service under Interim Court Order amounts to Begar: SC

Ram Chet Verma & Anr. Vs State of Uttar Pradesh & Ors. (Supreme Court)

Ram Chet Verma & Anr. Vs State of Uttar Pradesh & Ors. (Supreme Court) Since the appellants have served as per the interim order, obviously they have to be paid the salary for the period they have rendered their services. Non-payment of salary to them for the period they have served under the interim order or otherwis...

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Allowance of claim by A.O. on the basis of computation of income cannot be said without application of mind

Lakme Lever Private Limited Vs CIT (ITAT Mumbai)

Lakme Lever Private Limited Vs CIT (ITAT Mumbai) As regards the depreciation on non compute fee is concerned, we find that the claim was duly made by the assessee in the computation of income. Hence, it cannot be said that the A.O. has not applied his mind on this issue. In this regard, we place […]...

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ITAT condones Delay in appeal filing Due to Wrong Advice of Consultant

Ms. Ashte Logistics Pvt. Ltd Vs Pr. CIT (ITAT Mumbai)

Ms. Ashte Logistics Pvt. Ltd Vs Pr. CIT (ITAT Mumbai) ITAT held that Upon careful consideration, we find that the delay in filing the appeal is solely attributable to the wrong advice of the consultant. In our considered opinion, the assessee should not suffer on account of the wrong advice of the consultant, hence, in […]...

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Full Fledged Money Changer (FFMC) Licence

Guidelines for issuance of FFMC Licence:- A. Eligibility: The guidelines for issue of new FFMC licence and renewal of FFMC licence,are given below: (a) The applicant has to be a company registered under the Companies Act,2013 or under any previous Companies Act. (b) The minimum Net Owned Funds (NOF) required for consideration as FFMC are ...

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Disallowance u/s. 40(a)(ia) are outside the jurisdiction of section 154

Sri Sachin Sharma Vs ACIT (ITAT Ranchi)

Sri Sachin Sharma Vs ACIT (ITAT Ranchi) A perusal of provisions of section 194C of the Act shows that a person is liable to deduct TDS when a contract for work is of an amount more than Rs.30,000/- or where payment for work is made to a person more than Rs.75,000/- during the financial year. […]...

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Section 54F exemption allowable on Sale of Under-Construction Property as same is not residential property

CIT Vs Kalpana Hansraj (Bombay High Court)

CIT Vs Kalpana Hansraj (Bombay High Court) Perusal of sub-section (1) of Section 54 of the Act would show that the exemption would be available to an assesse being an individual or Hindu Undivided Family where the capital gain arises from the transfer of a long-term capital asset, not being a residential house provided the remaining con...

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Section 54F exemption cannot be denied for mere non-completion of construction by builder

Sanjeev Sarin Vs ITO (ITAT Delhi)

Sanjeev Sarin Vs ITO (ITAT Delhi) In this case assessee has within stipulated period, made substantial investment towards purchase of new property and just because builder could not complete construction of residential house, claim of exemption under section  54F of Income Tax Act, 1961 cannot be denied. FULL TEXT OF THE ITAT JUDGMENT Th...

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Mere payment of amount not enough to claim the same as expense

M/s. K.V. Joseph & Sons Engineering Contractors Vs The Assistant Commissioner of Income-tax (ITAT Cochin)

M/s. K.V. Joseph & Sons Engineering Contractors Vs ACIT (ITAT Cochin) In this case the assessee paid Rs. 200 lakhs as an advance payment to Mr. K.J. Paul to carry out sub contract work of road at Edapally, High Court. The plea of the assessee is that it was incurred for the purpose of business. […]...

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Reopening cannot be made to disallow Bogus Sales/ Purchases based on a Judgment

Saurabh Suryakant Mehta Vs ITO (Bombay High Court)

Saurabh Suryakant Mehta Vs ITO (Bombay High Court) In the present case, the Assessing Officer had examined the material collected by the Sales Tax Department, prima facie suggesting that the assessee had indulged into bogus billing activities without actually carrying out the purchase and sale of the commodity. It is on this basis that th...

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Penalty U/s. 271B cannot be levied for technical venial breach

Md. Salim Qurasi Vs ITO (ITAT Kolkata)

Md. Salim Qurasi Vs ITO (ITAT Kolkata) We have heard rival submissions. From the papers available on the record including the paper book of the assessee, we find that the assessee had got his accounts tax audited for the Assessment Year 2013-14, on 27/09/2013.We find that the same has been filed before the ld. Assessing […]...

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Temporary letting of property till Approval of Real Estate Project is Business Income

ITO Vs M/s. United White Metal Ltd. (ITAT Mumbai)

ITO Vs M/s. United White Metal Ltd. (ITAT Mumbai) We noticed that the rental income of the assessee was to the tune of Rs.2,16,00,000/- which has been shown as income from business. However, the AO declined the claim of the assessee on the basis of this fact that the no activity of business was going […]...

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Service rendered by ‘lead generator’ is not that of an ‘insurance agent

Commissioner of Service Tax Vs M/s Reliance Life Insurance Co. Ltd (CESTAT Mumbai)

CESTAT held that service rendered by ‘lead generator’ is not that of an ‘insurance agent’ and, consequently, the commission paid by respondent to such entities are not liable to be included in the assessable value of the respondent for discharge of tax liability under Finance Act, 1994....

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No disallowance U/s. 40A(3) If Income computed by applying gross profit rate

Pr. CIT VS Jadau Jewellers & Manufactures (P) Ltd. (Rajasthan High Court)

When income of the assessee was computed by applying gross profit rate, there was no need to look into the provisions of section 40A(3), as applying the gross profit rate takes care of expenditure otherwise by way of cross cheque also. Following the same the action of Tribunal could not be held as unjustified....

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

Principal CIT Vs Tops Security Ltd. (Bombay High Court)

Pr. CIT Vs Tops Security Ltd. (Bombay High Court) Section 43B does not contemplate liability to pay service tax before actual receipt of the funds in the account of the assessee. Hence the liability to pay service tax into the Treasury will arise only upon the assessee receiving the funds and not otherwise. Thus the […]...

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ITAT held reduction in rent as colorable device to reduce tax burden

ACIT Vs. Jaikishan Shyamsunder Vaswani (ITAT Mumbai)

Jaikishan Shyamsunder Vaswani Vs ACIT (ITAT Mumbai) It is noted that property situated at Flat No.72, L Block, Maker Tower, Cuffe Parade, Mumbai was actually let out to Bank of America during AY 2007-08 @ Rs.2 Lacs per month. However, this rent has drastically been reduced to Rs.25,000/- per month upon receipt of interest-free security [&...

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108 Economist Vs 131 CA- Tracking The Trial

On 14th March 2019, The 108 economists and social scientists issued an open letter alleging that Indian statistics were “under a cloud for being influenced and indeed even controlled by political considerations.” In clear words they mention “[Any] statistics that cast an iota of doubt on the achievement of the government see...

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Issuance of Preference Shares

As per Section 43 of the Companies Act, 2013 Preference Share Capital, with reference to any company limited by shares, means that part of the issued share capital of the company which carries or would carry a preferential right with respect to: (a) payment of dividend, either as a fixed amount or an amount calculated […]...

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Holi with colors of GST! Enjoy It

Pink color represents the clarification regarding to sales promotion. If Free samples and gifts are supplied without consideration under GST, ITC of such items cannot be claimed. Also, Buy one get one, quantity discount, sales promotion etc. related clarification regarding allowance of ITC has been issued. A useful circular for taxpayers...

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