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Assessment by serving notice at wrong address: ITAT orders fresh adjudication

December 24, 2018 1497 Views 0 comment Print

Pradeep Jain Vs ITO (ITAT Delhi) In the present case, it is noticed that the AO issued notices u/s 148 and 142(1) of the Act at the address D-60, Noida Authority, Sector-108, Noida. However, the assessment was framed by mentioning the address of the assessee as P-3, Shop No. LGF 20, Krishna Apra Plaza, Sector-18, […]

Non service of notice U/s 148 to LRs renders Assessment null and void

December 24, 2018 1839 Views 0 comment Print

Shanta Kapoor Vs ACIT (ITAT Agra) If AO omits to issue notice under section 148 of Income Tax Act, 1961 to all legal representative (LRs) of deceased assessee, the reassessment would be null and void. Assessee ‘deceased’ had 3 legal heirs, two being sons and one daughter. The AO had not issued notices to all the […]

Derivative Transaction Loss is not Speculation Loss & can be adjusted against Business Income

December 23, 2018 3183 Views 0 comment Print

M/s. Sucon India Ltd Vs JCIT (ITAT Delhi) Loss suffered by assessee on derivative transaction is not speculative loss and as such eligible to be adjusted against business income and Explanation 73 of the Income Tax Act is not attracted. FULL TEXT OF THE ITAT JUDGMENT Appellant, M/s. Sucon India Ltd. (hereinafter referred to as […]

ITC on Gold coins distributed to customers for Sales Promotion

December 20, 2018 46014 Views 0 comment Print

In re Biostadt India Limited (GST AAR Maharashtra) Question :- The question or issue before Your Honor for determination is whether Input Tax Credit (“ITC”) can be claimed by the applicant on procurement of Gold coins which are to be distributed to the customers at the end of scheme period for achieving the stipulated lifting […]

Air Dryer complete with final filter used in breaking system of locomotive attracts 18% GST

December 18, 2018 2256 Views 0 comment Print

In re M/s Blackstone Diesels (AAR Rajasthan) The ‘Air Dryer complete with final filter for used in breaking system of locomotive’ has been rightly classified by the supplier under Chapter 8421 of GST Tariff Act 2017 which attracts GST @18% (CGST 9% + SGST 9% ). FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, RAJASTHAN […]

ITAT explains Provisions of Deemed transfer in case of JDA under Section 2(47)(v)

December 17, 2018 2799 Views 0 comment Print

DCIT Vs Hema Mohanlal Divyasree (ITAT Cochin) We have carefully perused the JDA entered between the assessee and the developer. As per the JDA (in page 3 para 4), the construction should have completed and the share of build up area marked for the assessee ought to have been handed over within 36 months of obtaining necessary […]

GST on supply of medicines etc. via pharmacy of hospital run by taxpayer

December 14, 2018 31524 Views 0 comment Print

The supply of medicines and allied items to the outpatients through the pharmacy attached to the hospital run by the appellant is taxable under GST.

HC disposes writ as grievance of petitioner against retrospective effect to rule 96 no longer survives

December 12, 2018 2274 Views 0 comment Print

Zaveri and Co Pvt. Ltd. Vs Union of India (Gujarat High Court) 1. Mr. Uchit Sheth, learned advocate for the petitioner has submitted that the petitioner has challenged rule 96 (10) (b) of the Central Goods and Service Tax Rules, 2017 insofar as the same has been given retrospective effect. It was pointed out that […]

Operationalization of “one-time default intimation” to Shipping Lines by DPD importers at JNCH -Reg

December 11, 2018 621 Views 0 comment Print

Various instances have been reported by the DPD importers wherein shipping lines were found to be moving the DPD containers to the CFSs of their own preference & not in accordance with the default stacking code shared to them through the CSLA. Movement of DPD containers to the CFSs other than the choice of the DPD importers may result in extra cost to the DPD importers and also delay in clearance.

Sum received by father for transfer of mining lease right | Deemed dividend | Section 2(22)(e)

December 10, 2018 789 Views 0 comment Print

It was held that Amount received by assessee from his father out of  sum received by father for transfer of mining lease right to a Company in which assessee was shareholder cannot be treated as deemed dividend income of the assessee under section 2(22)(e) as sum was not received on behalf of Assessee and it was for a commercial transaction.

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