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Archive: November, 2019

Posts in November, 2019

Compilation of Income Tax Case Laws for Departmental Officers

November 7, 2019 9492 Views 1 comment Print

‘Decision Kit for Departmental Officers’ is brought out for the use of the Officers of the Department. This is compiled by Shri Y.V.S.T.Sai, I.R.S., Commissioner of Income Tax, Hyderabad. This compilation book would serve as a ready reference and handy tool to the Officers of the Department in their core functions. As it is often […]

ITC – mandatory reconciliation to Form GSTR-2A?

November 7, 2019 22168 Views 4 comments Print

Notification No. 49/2019-Central Tax has been issued by CBIC last week carrying our various amendments in the CGST Rules. One of the important amendments in the Rules which was pronounced in the GST Council press release is to permit the credit to the recipient only if the corresponding supplies have been reported in the GSTR-1 by his suppliers.

Taxability of loan waivers under Section 28(iv) and Section 41(1)

November 7, 2019 7813 Views 0 comment Print

Pr. CIT Vs M/s. Colour Roof (India) Ltd. (Bombay High Court) The Supreme Court in the case of Commissioner v/ s. Mahindra and Mahindra Ltd., [2018] 404 ITR 1 has held that sine-qua-non for application of Section 41(1) of the Act, is that there should have been allowance or deduction claimed by the Assessee in […]

HC takes note of Huge Pendency at CESTAT Chandigarh due to non availability of Member Technical

November 7, 2019 1056 Views 0 comment Print

We request the learned President of CESTAT, Principal Bench, New Delhi to initiate some remedial measures by deputing a Member Technical for atleast two weeks during a month to hold Court at Chandigarh Bench so that the Divisional Bench, CESTAT, Chandigarh Bench can function for reducing the pendency.

Ports specified in Custom exemption notification not exhaustive

November 7, 2019 879 Views 0 comment Print

Tube Investments of India Limited Vs Union of India (Madras High Court) Exemption, when port notified subsequently: Madras High Court has allowed benefit of Notification No. 104/2009-Cus. (status holder incentive scheme) in a case where the imports were made before the addition of the name of the specific port in the said notification. It observed […]

TDS Under section 194C deductible on Payment of outsourcing expenses

November 7, 2019 34264 Views 0 comment Print

Where assessee had hired the services for various works such as storage of data, scanning of documents, processing charges, call center operations, etc. and the same were basically clerical services of repetitive nature of work therefore, work outsourced was in the nature of clerical work and was rightly deducted under section 194C.

Auto-generated communication/Order under section 241A are not valid: HC

November 7, 2019 10218 Views 0 comment Print

Auto-generated communication dated 24.3.2019 which contained the note of withholding of the refund in terms of Section 241A of the Act, does not satisfy any of the legal tests for passing said order. Firstly, it is not passed by the Assessing Officer who is competent to do so. Secondly, it is not even an order, it is a mere auto-generated communication. Thirdly, it does not contain any reasons recorded in writing and lastly it is not passed with the prior approval of the Principal Commissioner or Commissioner.

Income from commercial exploitation of popularity of Cricket not incidental to main object U/s. 2(15)

November 7, 2019 1827 Views 0 comment Print

Punjab Cricket Association Vs ACIT (ITAT Chandigarh) Punjab Cricket Association (Assessee) is regularly following commercial activity by commercially exploiting its property and rights to hold matches and thereby earning huge income, hence the said activity can not be said to be incidental activity rather the commercial exploitation of the match is one of the main […]

CBIC DIN System comes into force from 8th November 2019

November 7, 2019 783 Views 0 comment Print

The Documentation Identification Number (DIN) system of Central Board of Indirect Taxes (CBIC) will come into existence from tomorrow, i.e., on Friday, 8th November 2019.

No Service Tax liability on Notice Pay

November 7, 2019 6486 Views 0 comment Print

The query raised relates to a contra situation, one, where amounts have been received by an employee from the employer by reason of premature termination of contract of employment, and the taxability thereof. The Board has answered in the negative, pointing out that such amounts would not be related to the rendition of service.

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