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Archive: 24 April 2021

Posts in 24 April 2021

ICSI gives Temporary Relaxation in Training Guidelines

April 24, 2021 1422 Views 0 comment Print

Temporary Relaxation in the Training Guidelines for conducting all types of training programme through online mode instead of physical batches (classroom mode) due to persistent rise of COVID 19 cases in India.

Cross Examination of Seller demanded by Buyer is necessary, if GST is not paid by Seller

April 24, 2021 3093 Views 0 comment Print

[Ref: D.Y. Beathel Enterprises Vs State Tax Officer (Madras High Court order dated 24th February, 2021] A writ petition is filed before Madurai Bench of Madras High Court under Article 226 of the Constitution of India, to quash the order dated 29.10.2020 as illegal, arbitrary, wholly without jurisdiction and in violation of the principles of […]

Legitimate export incentive given to exporters cannot be denied merely for GST implementation from 1-7-2017

April 24, 2021 663 Views 0 comment Print

Considering the fact that the petitioner has also not been able to utilize the credit of duty under the provisions of GST which came to be effected from 01.07.2017, legitimate export incentives cannot be denied to the petitioner. I find no merits in denying the benefit of refund claim filed by the petitioner under Rule 5 of the CENVAT Rules, 2004. The respondent shall therefore refund the amount to the petitioner within a period of six weeks from the date of receipt of a copy of this order.

Assessment Order passed against amalgamated (non-existing) company is without jurisdiction

April 24, 2021 2406 Views 0 comment Print

Teleperformance Global Services Private Limited Vs Acit (Bombay High Court) The Supreme Court in the case of Maruti Suzuki  had considered that income, which was subject to be charged to tax for the assessment year 2012-13 was the income of erstwhile entity prior to amalgamation. Transferee had assumed liabilities of transferor company, including that of […]

Section 153A Search Assessment- No addition if No incriminating material

April 24, 2021 1404 Views 0 comment Print

In search assessment, any undisclosed income, which can ultimately be added, is only to the extent of any unrecorded assets/material found or any incriminating documents found as representing undisclosed income earned, since, AO had not made any specific reference to the incriminating material found during the search in respect of additions made by him, therefore, assessment so framed, was bad in law.

Demand for disallowance of Depreciation on 3G Spectrum Fees: ITAT grants Stay to Vodafone Idea

April 24, 2021 693 Views 0 comment Print

Vodafone Idea Ltd. Vs DCIT (ITAT Mumbai) We find that in the instant case, the AO had made disallowance on depreciation on 3G Spectrum Fees to the tune of Rs. 408.01 crores. And if the said disallowance is ignored, the net result of remaining additions would only result in assessed loss and hence no tax […]

Disallowance on adhoc basis for personal element without evidence cannot be upheld

April 24, 2021 2181 Views 0 comment Print

New Delhi Tyre House Vs ACIT (ITAT Delhi) In this case a Ground  is on account of confirmation of disallowances out of telephone tours, and other expenses including depreciation on the car stating that involvement of the personal element of the partners of the firm cannot be ruled out. Both the lower authorities have confirmed […]

Interest of refund on penalty is not admissible under Section 11BB

April 24, 2021 828 Views 0 comment Print

Bundy India Limited Vs C.C.E. & S.T. (CESTAT Ahmedabad) Hon’ble Apex Court in the case of CORONATION SPINNING INDIA (Supra) has held that interest of refund on penalty is not admissible under Section 11BB.   As a result I do not find the appellants are entitled to any refund of interest on penalty amount under Section […]

Section 54 Deduction -House construction not completed- Draft Submission

April 24, 2021 2331 Views 0 comment Print

Deduction u/s 54 of the Act. Can be claimed as per law even construction of the house has not been completed and not occupied by the assessee Addition of Rs. 300000.00 on account of disallowance of deduction u/s 54 The assessee has shown income from Long Term capital gain from sale of property at Ambala […]

Supply of medicines, food, room on rent etc. to in-patients is a composite supply of healthcare service

April 24, 2021 3171 Views 0 comment Print

AAR held that, the supply of medicines, surgical items, implants, consumables and other allied services & items provided by the hospital through their hospital in-house pharmacy, as well as food, room on rent, other services to the in-patients admitted to hospital for diagnosis, or medical treatment or procedures is part of composite supply of health care treatment service and is exempted

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