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Archive: 20 December 2019

Posts in 20 December 2019

CA and others convicted for Cheating Income Tax Department

December 20, 2019 4965 Views 2 comments Print

CBI Vs. Devendra Chaturvedi (Special Court for CBI at Greater Bombay) In nutshell, it is the allegation against accused that they conspired to cheat the Income Tax Department and in collusion with each other during the relevant period accused No.1 prepared income tax returns with the assistance of accused No.2 in the name of accused […]

Rent of Director residence allowable if also used for official work

December 20, 2019 16437 Views 1 comment Print

Acuity Holdings Pvt. Ltd. Vs DCIT (ITAT Mumbai) Undisputedly, the subject premise in respect of which the assessee has claimed the rental expenses has been taken on lease by the assessee. Though, in the leave and license agreement, it is mentioned that it has been taken on lease for the use of residence of directors/employees, […]

No Service Tax on VSAT (Very Small Aperture Terminal) fee

December 20, 2019 942 Views 0 comment Print

Manipal Universal Learning Pvt. Limited Vs The Commissioner of Central Excise (CESTAT Bangalore) Brief issues that require consideration in this case or as to Whether VSAT (Very Small Aperture Terminal) fee (both one-time fee for supply of goods and actual usage charges) charged for supply of VSAT equipment is liable for service tax under “franchise […]

Permit petitioner to file TRAN-1 Forms either electronically or manually: HC

December 20, 2019 714 Views 0 comment Print

Kalpaka Distrbutors Pvt Vs Union of India (Kerala High Court) On a consideration of the facts and circumstances of the case and the submissions made across the bar, I find that since it is not in dispute that the petitioner herein did attempt to upload the necessary details in the system maintained by the respondents, […]

NSEL Transaction: Reopening of assessment not permissible for Mere verification or for fishing inquiry

December 20, 2019 2349 Views 0 comment Print

 Re-assessment even if in case where return was not scrutinized before the income chargeable to tax had escaped before acceptance originally could not be made unless AO has reason to believe that the income chargeable to tax had escaped, therefore, for mere verification or for fishing inquiry, reopening of assessment was not permissible.

FM holds Pre-Budget Consultation with Representatives of Infra Sector & experts of energy sector and climate change

December 20, 2019 321 Views 0 comment Print

Union Minister of Finance & Corporate Affairs, Smt. Nirmala Sitharaman, held her seventh  Pre-Budget Consultations with different stakeholders from Infrastructure Sector and experts of energy sector and climate change in connection with the forthcoming General Budget 2020-21 here today.

Section 206AA not override provisions of section 90(2)

December 20, 2019 2118 Views 0 comment Print

Section 206AA does not override provisions of section 90(2) and in case of payment made to non-resident, assessee correctly applied rate of tax prescribed under concerned DTAAs and not as per section 206AA because provisions of the DTAAs were more beneficial and DTAA acquired primacy in such case.

When penalty imposed on firm, penalty cannot be imposed on its partner

December 20, 2019 1260 Views 0 comment Print

Gujarat High Court in case of Commissioner of Central Excise vs. Jai Prakash Motwani, when penalty is imposed on partnership firm, penalty cannot be imposed on its partner.

Difference in English & Hindi Versions of “Exempt Supply” under GST

December 20, 2019 4125 Views 0 comment Print

Exempt supply means supply of any goods or services or both which attracts nil rate of tax or which may be wholly exempt from tax under section 11, or under section 6 of the Integrated Goods and Services Tax Act, and includes non-taxable supply;

Exercise Power to attached bank A/c only to protect interest of revenue

December 20, 2019 7380 Views 0 comment Print

Bindal Smelting Pvt. Ltd. Vs Additional Director General, Directorate General of GST Intelligence (Punjab & Haryana High Court) In the given case the petitioner is manufacturing lead ingots, red oxide and grey oxide. On 27.03.2018, officials of Respondent/GST Directorate searched premises of the Petitioner and during search seized record. The Respondent time to time directed […]

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