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Bogus Loan: No need to explain source of source prior to insertion of proviso to Sec. 68

May 27, 2018 3471 Views 0 comment Print

This Appeal under Section 260-A of the Income Tax Act, 1961 (the Act), challenges the order dated 21st January, 2015 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order dated 21st January, 2015 is in respect of Assessment Year 2010-11.

18% GST payable on Canteen services by outside vendors in offices & factories: AAR

May 26, 2018 5307 Views 0 comment Print

Gujarat Bench of AAR passed its order in an application filed by Rashmi Hospitality Services and and ruled that Canteen services provided by outside vendors in offices and factories will attract 18 per cent GST.

RTI Information seeker cannot resort to penalty proceeding U/s. 20 RTI Act, 2005

May 25, 2018 5544 Views 0 comment Print

It is held that The information seeker is only entitled for damages and cost, if any, as there is no provision in the Act of 2005 for payment of penalty or part thereof recovered from Erring Information Officer to the information seeker and therefore information seeker cannot as a matter of right claim audience in the penalty proceedings which are between the Commission and Erring Information Officer

Officer Interface For Rectification of Errors In Respect of IGST Refund

May 25, 2018 2361 Views 2 comments Print

Kind Attention Is Invited To All Exporters/Trade Associations That The Board Has Devised A Mechanism For Rectification/Correction Of Errors Through Officer Interface For Sanction Of IGST Refund In The Following Cases. The Exporters Are Advised To Approach The Customs At The Respective Ports/ICDs For This Purpose.

45% profit from educational activities establishes profit motive of trust and exemption U/s. 11 cannot be allowed

May 25, 2018 4170 Views 0 comment Print

Where assessee- trust was earning profit up to 45% from its educational activities, it was clearly proved that it was existed for profit because profit up to 15% could be said reasonable and legitimate, hence, addition was rightly made.

TDS U/s. 195 not deductible if Commission Income of Foreign Agent not Taxable in India

May 25, 2018 27327 Views 0 comment Print

DCIT Vs M/s. Gujarat Microwax Pvt. Ltd. (ITAT Ahmedabad) ITAT held that the Commission income in the hands of foreign agent is not chargeable to tax in India in the given facts & circumstances and Once an income is not chargeable to tax in India then the question of deducting TDS under the provision of […]

Provision of Section 2(22)(e) cannot be attracted to current account transactions

May 25, 2018 2934 Views 0 comment Print

M/s Mirik Commercial Pvt. Ltd. Vs Pr. CIT (ITAT Kolkata) The purpose of Section 2(22)(e) of the Act is to tax the benefit extended by private limited company to its shareholders holding shares not less than 10% as beneficial owner of shares (not being shares entitled to a fixed rate of dividend income). There is […]

Haryana Goods and Services Tax (Sixth Amendment) Rules, 2018

May 25, 2018 1275 Views 0 comment Print

hese rules may be called the Haryana Goods and Services Tax (Sixth Amendment) Rules, 2018. (5) In the case of refund on account of inverted duty structure, refund of input tax credit shall be granted as per the following formula:- Maximum Refund Amount = {(Turnover of inverted rated supply of goods and services) x Net ITC÷ Adjusted Total Turnover} – tax payable on such inverted rated supply of goods and services.

Extension of ad-hoc appointments of 57 IRS officers to JCIT Grade

May 25, 2018 1431 Views 0 comment Print

ORDER NO. 76 OF 2018 The President is pleased to extend the ad-hoc appointment of the following IRS officers to the grade of Joint Commissioner of Income Tax from 01.04.2018 to 30.09.2018

AAR rejects application as applicant was already provisionally assessed on similar issue

May 25, 2018 888 Views 0 comment Print

The present application has been filed under section 97 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as the CGST Act and MGST Act] by MOSAIC INDIA PRIVATE LIMITED, the applicant, seeking an advance ruling in respect of the following questions connected to the issues mentioned in para 02 below:

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