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Archive: April, 2019

Posts in April, 2019

Addition cannot be made by merely relying on 26AS

April 10, 2019 6075 Views 0 comment Print

Mercury Car Rentals Pvt. Ltd. Vs DCIT (ITAT Kolkata) During the course of assessment proceeding, the AO observed that assessee failed to reconcile interest income to the extent of Rs.67,939/- with its books of accounts and therefore added back the said amount as undisclosed interest income of the appellant as shown in the Form 26AS. […]

EC slams CBDT for ‘Insolent’ Counter Advisory over I-T Raids

April 10, 2019 4689 Views 0 comment Print

The Election Commission of India expresses its deep sense of anguish about the casual and trivial manner in which the advisory to be absolutely neutral, impartial and non, discriminatory has been responded to by Department of Revenue, Ministry of Finance vide letter F. No. A.50050/15/2019-Ad. I dated 08.04.19.

Amendment to partnership deed not registered with Registrar are not legally enforceable

April 10, 2019 18609 Views 0 comment Print

 There was no merit in the argument that while a partnership deed is to be registered, amendment thereto is not.  Amended salary clause being neither stamped nor registered, it was not admissible in evidence in a court of law, i.e., as a legally enforceable contract. Therefore, AO could not be faulted with for not giving cognizance to such a document and disallowance of remuneration paid to partner as made by AO was justified.

Employees Benefits provisions allowable in book profit computation

April 10, 2019 3324 Views 0 comment Print

Mercury Car Rentals Pvt. Ltd. Vs DCIT (ITAT Kolkata) It is noted that the provisions in respect of gratuity, leave encashment, ex-gratia & bonus were created on actuarial basis and had been estimated with reasonable certainty. Accordingly such provisions cannot be said to be provisions of unascertained liabilities so to add it back under clause […]

Addition based on documents seized from other company premises not sustainable if documents not belongs to assessee

April 10, 2019 2697 Views 0 comment Print

Papers seized fro the premises of Group Company could not be relied upon for making additions in the hands of the assessee whose names appeared in the said documents.

Leave Travel Concession not available on Foreign Travels

April 10, 2019 4179 Views 0 comment Print

Shri Rajeshkumar Navnitlal Dani Vs ITO (ITAT Ahmedabad) Provision of sec. 10(5) of the Act only that reimbursement of travel concession or assistance to an employee is exempted which was incurred for travel of the individual employee or his family members to any place in India and nowhere in this clause it had been stated […]

No law barring Partners to draw Remuneration from multiple Firms

April 10, 2019 3441 Views 0 comment Print

Ms. Sachi Sarees Vs ACIT (ITAT Kolkata) There is no law which prohibits a person to work in more than one partnership firms and draw remuneration therefrom. All that Section 40(b) requires is that the remuneration should be paid to a working partner and there is no prohibition either in the Income-tax Act, 1961 or […]

PP non-woven bags falls under Heading 3923

April 10, 2019 930 Views 0 comment Print

In re Concepts India (GST AAR Haryana) In light of the above discussion, the Authority for Advance Ruling holds that the product manufactured and supplied by the applicant i.e. PP non-woven bags are covered under Heading 3923 in the sub-heading 3923 29 90 (other) and taxable at 18% (9% CGST and 9% HGST). FULL TEXT […]

GST Registration compulsory for those liable to pay GST under RCM

April 10, 2019 27630 Views 0 comment Print

In re Jalaram Feeds (GST AAR Maharashtra) Applicant has stated that they require services of Goods Transport Agency like any other business. Applicant being a recipient of supply is liable to pay tax under reverse charge basis and as per Section 9(4) of the Act, all the provisions of this act shall apply to such […]

Section 17(5)(h) bars credit of ITC on goods supplied in marketing events

April 10, 2019 9648 Views 0 comment Print

In re BMW India Pvt. Ltd. (GST AAR Haryana) Q1. Whether certain customized lifestyle goods procured by BMW India either from a third party local supplier or imported from outside India for supply of goods during promotion/marketing events organized by the company will qualify as used in the course or furtherance of business in term […]

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