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ITO cannot initiate proceedings under Section 263

November 18, 2017 1599 Views 0 comment Print

An order cannot be revised by the equally situated or equally ranked authority or by any authority who is not authorised under the law. In the instant case the authorised authority is none else but the Commissioner of Income Tax or Principal Commissioner of Income Tax.

Registration under FCRA cannot be denied to society on mere bald report on use of Foreign Contribution

November 17, 2017 4266 Views 0 comment Print

The petitioner – a Society registered under the Societies Registration Act, 1860 – has filed the present petition impugning communications dated 01.08.2014 and 07.12.2015 (hereafter referred to as the impugned communications)

Issuance & service of notice U/s. 143(2) is mandatory & not procedural

November 17, 2017 12120 Views 0 comment Print

Pankaj Dutta Vs ITO (ITAT Kolkata) Issuance and service of notice under section 143(2) is mandatory and not procedural. If the notice is not served within the prescribed period, assessment framed would be invalid and such irregularity cannot be treated as curable under section 292BB.  FULL TEXT OF THE ITAT ORDER IS AS FOLLOWS:- This […]

TDS U/s. 194H not applies on discounts on principal to principal basis

November 17, 2017 2193 Views 1 comment Print

ITO Vs Tarun Sales (ITAT Delhi) Since no dealer or sub-dealer was appointed either by BSNL or by the assessee, for the purpose of marketing the products and/or service of the Bharat Sanchar Nigam Ltd., the entire sales were to customers, either directly or through shopkeepers, who rendered services to the customers.

Transfer of Income Tax File without application of mind is un-sustainable

November 17, 2017 1350 Views 0 comment Print

Since the parties in these Writ Petitions are one and the same and the relief sought herein are inter-connected, all these Writ Petitions were taken together and disposed of by this common order.

Sec. 54F Allowability of investment in new residential property in the name of spouse

November 16, 2017 4209 Views 0 comment Print

1. That on the facts and circumstances of the case and in law, the learned Commissioner (Appeals), XXVIII, New Delhi [hereinafter referred to as the learned CIT(A)] has grossly erred in denying the exemption to the Appellant under section 54F of the Income Tax Act, 1961.

Lessee is liable to pay Service Tax despite Liability of Lessor: SC

November 16, 2017 8310 Views 0 comment Print

A two-judge bench of the Supreme Court of India on Tuesday held that the Government, though in the capacity of a lessor is liable to pay service tax on the rental income as per section 66B of the Finance Act, 1994 despite the fact that the original liability lies on the lessor.

Notification under MVAT Schedule entry B-11A (ATF for RCS flights)

November 16, 2017 1038 Views 0 comment Print

No. VAT. 1517/C.R.156/Taxation-1.—In exercise of the powers conferred by entry 11A of Schedule B of the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005), the Government of Maharashtra, hereby with effect from the date 1st April 2017, specifies the following conditions for the purpose of the said entry

Sec. 11 Interest on donation exempt if same forms part of corpus on donor instruction

November 15, 2017 2991 Views 0 comment Print

CIT Vs M/s Mata Amrithandamayi Mata (Kerala High Court) A reading of Section 11 shows that subject to the provisions of Sections 62 and 63, the incomes enumerated therein shall not be included in the total income of the previous year of the person in receipt of the income. The person in receipt of the […]

Assessment Solely on the basis of Case Study / electricity consumption under TNGST Act is invalid

November 15, 2017 1926 Views 0 comment Print

Probably, the case study can be a reason for issuing a revision notice, but that cannot be the sole basis for completing the assessment. Repeatedly, Courts have held that electricity current consumption charges cannot be a basis for revision of turnover.

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