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Addition u/s 68 merely on the basis of Bank Passbook not sustainable

March 26, 2018 3318 Views 0 comment Print

CIT(A) has erred in confirming the addition wrongly made under section 153A of the Act, without there being any adverse material on record against the assessee; that since the assessee had no business income, no books of account were maintained and the addition was made only on the basis of the assessee’s pass book, which is not a book of account; that as such, the addition made under section 68 of the Act is not sustainable.

GST: A Sham in the Face of Cooperative Federalism

March 25, 2018 2469 Views 1 comment Print

GST, which has been hailed as a classic example of cooperative federalism (for mere reasons like allowing the tiers of the government to share a common platform i.e. the GST Council, prescribing similar and simpler procedures of tax-payment for these tiers, launching a common national market etcetera) does not, paradoxically, stand positive on any of the parameters used for qualifying a federal model as one of cooperative federalism.

Tax on interest on Security deposit with government linked with construction of Power Plant

March 23, 2018 2556 Views 0 comment Print

Jhabua Power Limited Vs DCIT (ITAT Kolkata) It is observed that the construction of Power Plant of the assessee-company was under progress during the year under consideration and in connection with the same, security deposit was required to be kept by the assessee to Commercial Tax Officer for sales-tax registration as well as with Executive […]

Section 195 Payment towards Import of Software Amounts to Royalty

March 23, 2018 19674 Views 0 comment Print

The CIT (A) has failed to understand that your appellant was not under any legal obligation to effect TDS on purchase of Computer Software in F.Y. 2011-12 as these were considered as purchase of goods under the then existing provisions of law and subjected to customs duty. Purchase of computer software was brought under the definition of Royalty vide the Finance Act 2012 with retrospective effect.

Lease rental income from letting out of warehouse constitutes business income

March 23, 2018 5805 Views 0 comment Print

The assessee, a company engaged in deriving rental income from letting out of warehouse, filed its return of income for asst. year 2013­14 on 29/8/2013 declaring income of Rs. 26,97,860/- treating the rental income received there form as business receipts and offering the same for taxation of business income. The case was taken up for scrutiny and the assessment was completed u/s 143(3) of the Income-tax Act, 1961 (in short ‘the Act’) vide order dated 24/3/2016

Sales Tax on LPG Cylinders payable on price finalized by MoP & NG

March 23, 2018 1656 Views 0 comment Print

Since a common question of law arises in these appeals, they are being disposed of by this common judgment. Briefly stated the facts are that the appellant­ assessee manufactures cylinders for storage of Liquefied Petroleum Gas (LPG). At the relevant time

GST AAR: Mere mentioning Aditya Birla name on Cereal packs to be construed as bearing brand name

March 23, 2018 3108 Views 0 comment Print

In re Aditya Birla Retail Limited (AAR Maharashtra) Also Read AAAR Ruling- Use of words Choice / Value / Superior on packing amounts to branding: AAAR Name Aditya Birla is a benchmark in itself and is associated with a certain trust and quality. Now, we see the definition of ‘brand name’ includes a name or […]

GST Council and State Autonomy by Rohitesh Tak

March 23, 2018 1632 Views 0 comment Print

The inception of the Goods and Service Tax has been gratified to be a watershed in the history of indirect tax reforms in India. The present GST regime seeks to rationalize the cascading effect of various indirect taxes through a uniform taxation system, which shall be fixed by the GST Council consisting of the finance ministers of various states and the union.

CBEC officers should focus on recovery of arrears: CBEC Chairman

March 23, 2018 849 Views 0 comment Print

As we near the end of the Financial Year 2017-18, I would once again like to reiterate our need to focus on the recovery of arrears. In my review meeting on the status of recovery of arrears, I note that as on 31st January, 2018, there is a total of Rs 11,450 crores of clearly recoverable arrears

GST vis-à-vis Cooperative Federalism by Aparna Shrivastava

March 23, 2018 1752 Views 0 comment Print

The GST tax act is the largest ever fiscal legislation that subsumes and unifies all the erstwhile indirect taxes into one common and unified tax. It would terminate multiple taxes all around the country and would create an equal level playing field for all the stakeholders throughout the country.

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