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Archive: 01 December 2019

Posts in 01 December 2019

Two services billes seprately cannot be merged merely for levy of Service Tax

December 1, 2019 2415 Views 0 comment Print

Synergy Baxi Logistics Pvt Ltd. Vs CCE (CESTAT Delhi) It is held that if the two services are billed separately then there is no question of including them together for computation of taxable value for payment of service tax. It can be seen from the above reproduced clarification given by the Board that in 2002 […]

Form GST TRAN-1 can be revised only once within the specified period

December 1, 2019 4545 Views 0 comment Print

A conjoint reading of the Rule 117 and 120A of CGST Rules, 2017clearly reveals that every registered person who has submitted a declaration electronically in FORM G.S.T. T.R.A.N-1 within the period specified in Rule 117 or Rule 118 or Rule 119 or Rule 120 is allowed to revise such declaration once and submit the revised declaration in FORM G.S.T. T.R.A.N-1 electronically on the common portal,

Interest on interest free Loan To daughter out of Interest Bearing fund for non business propose not allowable

December 1, 2019 1122 Views 0 comment Print

Shyam Bihari Gandhi Vs ITO (ITAT Delhi) As regards addition of Rs. 20,38,472/- on account of payment of interest to bank which the assessee has mentioned in the profit and loss account. The revenue authorities have noticed that a loan (liability) of Rs. 1,11,73,554/- against which the assessee has claimed interest of Rs. 20,38,472/- and […]

TDS return filed beyond time cannot be declared as non est in law

December 1, 2019 3222 Views 0 comment Print

TDS return filed beyond time cannot be declared as non est in law and that the CIT(A) does not have powers of enhancement in an appeal against an order under section 200A. The CIT(A) cannot travel beyond the subject-matter of the appeal, which was as to whether fee under section 234E can be levied or not; and not the question, whether the return of TDS filed by the assessee was non est in law? The CIT(A) had no power in the appeal in the present case to declare return of TDS filed by the assessee as non est in law.

Additions based on P&L account & B/S filed by assessee with return cannot be considered as additions on the basis of new income source

December 1, 2019 1068 Views 0 comment Print

S.D. Traders Vs CIT (Allahabad High Court) It has been argued by the counsel for the Revenue that CIT (A) has not travelled beyond the books of accounts and during appeal it was found that only confirmation was available of five parties and the rest of the creditors were untraceable, hence the addition of the […]

Advance Pricing Agreement (APA) -Programme of India- Annual Report (2018-19)

December 1, 2019 6372 Views 0 comment Print

The Advance Pricing Agreement (APA) programme in India was introduced more than seven years ago. It is currently in its 7th annual cycle of examination and processing of applications. The CBDT is very happy about the fact that this programme has been accepted well by taxpayers and tax consultants. We are very proud of the results generated and the positive impact that the programme has had on the tax environment in India.

Depreciation cannot be allowed on non-existing / Impaired asset

December 1, 2019 5307 Views 0 comment Print

Aramark India Pvt. Ltd. vs DCIT (ITAT Mumbai) case discusses the disallowance of depreciation on goodwill, citing non-existing asset and lack of enduring benefit.

Penalty u/s 271(1)(c) not valid in absence of proper record of satisfaction

December 1, 2019 2556 Views 0 comment Print

PCIT Vs Goa Coastal Resorts and Recreation Pvt. Ltd. (Bombay High Court) Notice which is issued to the assessee must indicate whether the Assessing Officer is satisfied that the case of the assessee involves concealment of particulars of income or furnishing of inaccurate particulars of income or both, with clarity. If the notice is issued […]

6 Important points for filing Annual GST Return & Reconciliation Statement

December 1, 2019 10383 Views 7 comments Print

1. ITC cannot be reversed or availed through annual return. For reversing ITC, taxpayers need to file FORM GST DRC-03. 2. Table 8A of annual return is auto-populated from FORM GSTR-2A as on 01/05/2019. 3. Treatment of tax which was to be paid on RCM for F.Y. 2017-18 but was paid during F.Y. 2018-19 – […]

AAR Briefing on “Storage Charges or Renting of Immovable Property”

December 1, 2019 3633 Views 0 comment Print

The Applicant is engaged in the business of distributing Rice, wheat, palm oil, Toor dal, and salt etc. under the Public Distribution System by the Government of Karnataka. The applicant stated that they are hiring a Godown of central warehousing corporation for consideration as storage charges and using for storage of commodities which comprise both exempt as well as taxable.

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