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Expenditure on improvement of existing business is revenue expense

November 14, 2017 2139 Views 0 comment Print

Spectrum Coal & Power Ltd. Vs ACIT (ITAT Mumbai);  We noted that coal beneficiation has been defined as cost effective and significant step towards improving power plant efficiency and reducing the GHG emissions from the coal fired power plants in India would be to increase the availability of clean beneficiated coals using appropriate beneficiation technologies. […]

Mere claim for rebate would not amount to furnishing inaccurate particulars: Madras High Court

November 14, 2017 939 Views 0 comment Print

Gopalratnam Santha Mosur Vs ITO (Madras High Court) The petitioner was the co-owner of the immovable property situated in Tamil Nadu and she had sold the property and paid the entire capital gain tax applicable in respect of the transaction. The petitioner thereafter claimed 50% of the capital gains tax as rebate under Indo-Canadian DTAA. […]

CBI Registers 77 Cases related to Currency Note Demonetization

November 14, 2017 1431 Views 1 comment Print

CBI has registered 77 cases and 07 Preliminary Enquiries during post demonetization relating to exchange of demonetised currency in various departments/agencies including Banks, Post Offices, Railways, Insurance companies etc.

FAQs on Registration by Casual Taxable Person

November 14, 2017 28275 Views 20 comments Print

1. I want to take a Registration as a Casual Taxable Person but I cant find the option. The option to register is in the New Registration Application for a normal taxpayer. In PART A of the New Registration Application, select Taxpayer (Reference screenshot (highlighted in red)):

GST implementation caused ‘temporary slowdown’: ASSOCHAM-EY study

November 14, 2017 1155 Views 0 comment Print

After its launch in July 2017, there has been a temporary slowdown post implementation of Goods and Services Tax (GST) even though Government of India has ideated and implemented a number of initiatives to improve business conduciveness, noted a recent ASSOCHAM-EY joint study.

Accepting of UIN of Foreign Diplomatic Missions / UN Organizations while making sales or supplies

November 13, 2017 2943 Views 0 comment Print

Various representations have been received from Foreign Diplomatic Missions / UN Organizations regarding unwillingness of the vendors / suppliers to record the UIN (Unique Identify Number) while making sales to such Missions / Consulates or UN organizations.

Refund Mechanism in GST

November 13, 2017 6468 Views 2 comments Print

he Goods and Services Tax, which was implemented from July 1, subsumes all the indirect taxes that businesses earlier paid the Centre and states separately, with the aim of creating a common market. It involved a complete overhaul of the tax filing system.

TDS on IUC charges paid to foreign / non-resident telecom operators and discount to prepaid distributors

November 13, 2017 4362 Views 0 comment Print

Addition on account of discount extended to prepaid distributors Third proviso to section 194H will get attracted only when the nature of payment is “commission or brokerage”. Parties before us agree that majorly the distribution of products by BSNL and MTNL takes place through Public Call Office franchisees since this was an infrastructure existing with […]

Section 271(1)(c) Penalty cannot be imposed in absence of Disallowance

November 13, 2017 3822 Views 0 comment Print

It is abundantly clear that the very basis of the penalty proceedings was set aside by the Tri­bunal in an appeal against the assessment order. There was no addition of income. On the contrary, the case of the assessee, which was negated by the assessing officer of carrying on the business of draft discounting, is accepted by the Tribunal. Explanation 1 to section 271(1)(c) of the Act, in the facts and circumstances of the present case, would not arise.

Judges cannot take up the matter on their own, unless allocated by Chief Justice of India: SC

November 13, 2017 7587 Views 0 comment Print

Once the Chief Justice is stated to be the master of the roster, he alone has the prerogative to constitute Benches. Needless to say, neither a two-Judge Bench nor a three-Judge Bench can allocate the matter to themselves or direct the composition for constitution of a Bench. To elaborate, there cannot be any direction to the Chief Justice of India as to who shall be sitting on the Bench or who shall take up the matter as that touches the composition of the Bench. We reiterate such an order cannot be passed. It is not countenanced in law and not permissible.

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