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Interest on I-T Refund cannot be denied for Mistake committed by assessee

May 2, 2019 3072 Views 0 comment Print

Pr. CIT Vs State Bank of India (Bombay High Court) The Assessing Officer has been given no discretion in the matter of granting interest. The amount of interest has to be paid to an assessee in terms of Section 244A of the Act. The only limitation provided therein under Section 244A of the Act is […]

No addition for unabated assessment unless incriminating materials unearthed during search

May 1, 2019 2202 Views 0 comment Print

No addition could  be made under section 153A for an unabated assessment unless incriminating materials unearthed during search qua the assessment year under consideration. 

Omission by auditor Reasonable Cause for delay in claiming Refund

May 1, 2019 2346 Views 0 comment Print

G.V. Infosutions Pvt. Ltd Vs DCIT (Delhi High Court) The rejection of the petitioner’s application under Section 119(2)(b) is only on the ground that according to the Chief Commissioner’s opinion the plea of omission by the auditor was not substantiated. This court has difficulty to understand what more plea or proof any assessee could have […]

Delhi VAT on electrical equipment used in generation & distribution of electricity, supplied to DlSCOM

May 1, 2019 759 Views 0 comment Print

The DlSCOMs provided certificates to the assessees, stating that supplies made by Schneider to DlSCOMs need not be included in the taxable turnover being valid deduction allowed under the Act read with Rule 11 of the DST Rules. Schneider (as well as other assessees in appeal, in this batch) claimed the exemption under the said Rule 11 (XII) for the relevant period for such sales made to DlSCOMs. The assessees complied with the provisions of Rule 11 (XII) and submitted the certificates issued by the said companies.

Update on Annual Return Form GSTR-9A / GSTR-9C as on 30/04/2019

May 1, 2019 5445 Views 1 comment Print

Recently, offline utility for preparing Annual Return Form GSTR 9A and Form GSTR 9C, were deployed at GST Portal. The Excel based offline tools are designed to help taxpayers to prepare GSTR 9A return & GSTR 9C return offline, without the use of internet. The tool also contain the instructions for entering data against each table.

CBDT to share ITR Data with GSTN

April 30, 2019 21549 Views 2 comments Print

CBDT  hereby directs that Principal Director General of Income-tax (Systems) or Director General of Income-tax (Systems), New Delhi shall be the specified income-tax authority for furnishing information respecting  assessees to the Nodal Officer, GSTN.

No service tax on amount received from BCCI towards prize money

April 30, 2019 4269 Views 0 comment Print

CCE & ST Vs L. Balaji (CESTAT Chennai) Conclusion: Cricket players were not liable to pay service tax on the amount received from the franchise as the money was not given by the franchise, rather it was the money received from BCCI directly for winning and not towards any services. Held: Revenue proceeded against the […]

Tax reference can be filed in Hindi accompanied with authentic English version

April 30, 2019 1767 Views 0 comment Print

A petition under Article 226 and 227 of the Constitution of India or a tax reference can be filed in Hindi but it will have to be accompanied by an English version as well which shall be the authentic version of the petition for all legal purposes so long as the Notification dated 9th of May 1972 stands. 

India-Ireland DTAA: Software sale consideration not constitute royalty

April 30, 2019 2667 Views 0 comment Print

Consideration received by assessee for use of or for granting the right to use a computer software would not amount to royalty as the amount received by assessee towards sale of software was on account of sale of ‘copyrighted article’ and not on transfer of any ‘copyright right’.Hence, the said sale proceeds could not be characterised as ‘Royalty’ as per Article 12 of the India-Ireland DTAA. 

Companies (Acceptance of Deposits) Second Amendment Rules, 2019

April 30, 2019 12738 Views 0 comment Print

Companies (Acceptance of Deposits) Second Amendment Rules, 201 shall com9e into force on the date of their publication in the Official Gazette.

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