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Archive: 17 December 2021

Posts in 17 December 2021

GST on setting up of Wet Limestone FGD plant and operation & maintenance

December 17, 2021 1803 Views 0 comment Print

In re Shapoorji Pallonji and Company Pvt. Ltd. (GST AAR Karnataka) i. Whether the combined service of setting up of Wet Limestone FGD plant and operation and maintenance be considered as a composite supply? The combined service of setting up of Wet Limestone FGD plant and operation & maintenance of the said plant can’t be […]

18% GST leviable on supplying, installing, testing & commissioning of oxygen pipeline system in Government Hospitals

December 17, 2021 522 Views 0 comment Print

In re Goel Medico (GST AAR Chhattisgarh) 18% GST leviable on supplying, installing, testing & commissioning of oxygen pipeline system in Government Hospitals

No GST payable on washed/rejected coal from washery on which Compensation Cess is paid and ITC is not availed

December 17, 2021 1647 Views 0 comment Print

AAR held that No GST payable on washed/rejected coal from washery on which Compensation Cess is paid and ITC is not availed

Punjab One Time Settlement of Outstanding Dues (Second) Scheme, 2021

December 17, 2021 10626 Views 0 comment Print

(1) This scheme may be called the Punjab One Time Settlement of Outstanding Dues (Second) Scheme, 2021. (2) It extends to the whole of the State of Punjab.

Can AO reject valuation report & Change Valuation Method?

December 17, 2021 2883 Views 0 comment Print

Whether Assessing Officer has Power to Reject Valuation Report Submitted by Assessee and Change Method Of Valuation? Innoviti Payments Solutions P. Ltd. v. ITO (2019) 69 ITR 33 (SN.) / 175 ITD 10 / 178 DTR 355 / 199 TTJ 626 (Bang.)(Trib.) ITAT (Banglore) Income from other sources – AO can scrutinise the valuation report […]

Gift From HUF – Whether Capital Receipt In the Hand of Member?

December 17, 2021 4224 Views 0 comment Print

A member of the ‘HUF’ has a pre-existing right in the family properties. A Coparcener has a pre-existing right and interest in the property and can demand partition also, however, the other members of the ‘HUF’ have right to be maintained out of the ‘HUF’ property. On division, the share in the estate/capital of the ‘HUF’ cannot be treated as income of the recipient, rather, the same will be a capital receipt in his hands.

In Absence of Evidence Showing Meeting of Minds it is not safe to Convict a Person for Criminal Conspiracy: SC

December 17, 2021 5475 Views 2 comments Print

In absence of any evidence to show meeting of minds between the conspirators for the intended object of committing an illegal act, it is not safe to hold a person guilty for offences under Section 120B of IPC Hon’ble Supreme Court in the matter of Parveen vs. State of Haryana in Criminal Appeal No. 1571 […]

eForm MGT-14 | Filing of Resolutions & agreements to Registrar

December 17, 2021 10203 Views 0 comment Print

eForm MGT-14 is required to be filed pursuant to Section 94(1), 117(1) of the Companies Act, 2013 and Section 192 of the Companies Act, 1956 and rules made thereunder

Section 263 order not justified when AO has properly enquired the issue

December 17, 2021 1014 Views 0 comment Print

Lovely International Pvt. Ltd. Vs ACIT (ITAT Kolkata) We find from the discussion at para 5 (supra) of this order and the finding of Ld PCIT given below para 5 corroborates that the AO in fact had issued notice u/s 142(1) and called for all the details of the share subscribers/share premium and pursuant to […]

No Section 68 addition solely on the basis of suspicions

December 17, 2021 1293 Views 0 comment Print

Smt. Tapasi Singh Vs ITO (ITAT Kolkata) It is observed that all the four donors who had given the gifts in question to the assessee during the year under consideration were engaged in the business and in the returns of income filed regularly for the year under consideration, the business income earned by them was […]

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