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Section 115 is constitutionally valid and and alteration in its provision by HC is unwarranted: SC

September 25, 2017 2580 Views 0 comment Print

The facts giving rise to Civil Appeal No. 9178 of 2012 and 9180 of 2012 needs to be briefly noted. Several writ petitions were filed before the Calcutta High Court questioning the vires of Section 115­-O of the 1961 Act. The petitioner’s case in the writ petition is that the petitioner is a Tea Company which cultivate tea in gardens and processes it in its own factory/plants for marketing the same.

Special Audit justified if no book before AO and Specialized nature of business activities and multiplicity of transactions

September 25, 2017 1914 Views 0 comment Print

As common question of law and facts arise in this group of petitions and as such in respect of the same assessee, but with respect to different assessment years, all these petitions are disposed of by this common judgment and order.

Abbreviations in order without indicating what they stand for creates confusion: HC to Tribunal

September 25, 2017 1305 Views 0 comment Print

High Court held that Tribunal’s order is confusing. In the impugned order, the Tribunal does not indicate what it means by AOP. It does not indicate as to what it means by TAS for both sides tell us that it is identical to TDS, namely, Tax Deducted at Source. We are unhappy with the abbreviations […]

Deferral of depreciation doesn’t Result in Income Concealment

September 25, 2017 1398 Views 0 comment Print

Deferral of depreciation allowance does not result into any concealment of income or furnishing of any inaccurate particulars, the Income Tax Appellate Tribunal has held while setting aside the penalty imposed on eminent lawyer Harish Salve for alleged concealment of income as it said his tax payments running into crores show his intention to be tax compliant.

MGST notification to give effect to GST council decisions regarding GST rates

September 25, 2017 1011 Views 0 comment Print

No. MGST-1017/C.R.167/ Taxation-1.— In exercise of the powers conferred by sub-section (1) of section 9 of the Maharashtra Goods and Services Tax Act, 2017 (Mah. XLIII of 2017), (hereinafter referred to as “said Act”), the Government of Maharashtra, on the recommendations of the Council, hereby makes the following further amendment in the notification of the Government Notification

MGST exemption on FIFA U-17 World Cup-2017 tickets

September 25, 2017 795 Views 0 comment Print

No. MGST.1017/C.R.167/ Taxation-1.—In exercise of the powers conferred by sub-section (1) of section 11 of the Maharashtra Goods and Services Tax Act, 2017 (Mah. XLIII of 2017) (hereinafter referred to as the said Act), the Government of Maharashtra, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council

Reduction of MGST rate on specified supplies of works contracts

September 25, 2017 912 Views 0 comment Print

No. MGST-1017/C.R.167/ Taxation-1.—In exercise of the powers conferred by sub-section (1) of section 9, sub-section (1) of section 11, sub-section (5) of section 15 and sub-section (1) of section 16 of the Maharashtra Goods and Services Tax Act, 2017 (XLIII of 2017), the Government of Maharashtra, on the recommendations of the Council,

Brokerage, electricity, legal expenses not allowable in calculation of House Property Income

September 23, 2017 11547 Views 0 comment Print

While calculating annual rental value for Income from House Property,  expenses like brokerage, electricity expenses, legal expenses and bank charges would not be allowed as permissible expenditures as these expenses are not covered under sections 23 and 24 of Income Tax Act, 1961 as permissible expenditure. Full Text of the ITAT Order is as follows:- […]

No Capital Gain Tax on Income from Compulsory Acquisition of Agricultural Land

September 23, 2017 25041 Views 1 comment Print

The Assessee is a company. It is engaged in the business of growing and manufacturing and selling of tea. The assessee’ s tea estate is located at Harishnagar Tea Estate, P.O.Harishnagar via Bhishalgarh Vill.Gokul Nagar District Sepahijala, Tripura West – 799102. During the previous year a portion of the assessee’s tea plantation comprising of land together with tea gardens thereon was acquired

Bengaluru GST Zone develops GST jurisdiction Finder App: CBEC Chairman

September 23, 2017 1620 Views 0 comment Print

The Bengaluru GST Zone has revamped its website to focus on GST. It has developed a GST jurisdiction Finder App which can be used by the tax payer to easily identify his/her jurisdictional Central Tax Office.

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