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ITAT restrained revenue from passing Penalty order till disposal of Appeal

November 24, 2018 1668 Views 0 comment Print

Uber India Systems Pvt. Ltd Vs JCIT (ITAT Mumbai) So far as the penalty proceedings are concerned, the assessee has made out a prima facie case in favour of the assessee proving that the outcome of the appeal before ITAT will directly impact the proceedings which are hurriedly being finalized by the authorities below, which may […]

No disallowance of interest U/s. 14A if no borrowed funds were utilized for investments

November 24, 2018 2529 Views 0 comment Print

Where assessee was having sufficient own funds at its disposal for the purpose of making investments, it could be held that no borrowed funds were utilized for making investments. Hence, there could not be any disallowance of interest under second limb of rule 8D(2) of the rules.

ITAT directs CIT (A) to condone delay in e-filing of Appeal due to technical issues

November 24, 2018 1788 Views 0 comment Print

Shri Gurinder Singh Dhillon Vs ITO (ITAT Delhi) Assessee filed the appeal before the ld. CIT (A) manually within time as per the old provisions. Later on, the manner of furnishing the appeal in Form No.35 before the ld. CIT (A) was amended vide Notification No. 5/2016 dated 06.04.2016 and the procedure was laid down. […]

Cenvat Credit eligible on Shamiana services for Branch Inauguration

November 24, 2018 852 Views 1 comment Print

M/s. City Union Bank Ltd. Vs Commissioner of GST & Central Excise Trichy (CESTAT Chennai) Panthal and shamiana services  are utilized by the appellant to inform the public that a new branch has been started in the said place. Such services would help the appellant to attract customers and also inform the public about the […]

Interest on Delayed Payment of VAT and TDS allowable

November 24, 2018 12402 Views 0 comment Print

ITO Vs M/s. Lakshdweep Development Corporation Limited (ITAT Cochin) Interest on delayed payment of VAT and TDS is only compensatory and is not penal in nature. Therefore, the CIT(A) has correctly deleted the disallowance made for the interest expenditure claimed on delayed payment of VAT and TDS. FULL TEXT OF THE ITAT JUDGMENT These appeals […]

Project expense allowable as business loss on financial closure of project

November 24, 2018 4776 Views 0 comment Print

Aditya Birla Power Company Limited Vs ACIT (ITAT Mumbai) The undisputed position that emerges out of the above discussion is that the assessee undertook a project and incurred certain expenditure which was reimbursable to him along with development fees upon financial closure of the project. However, the project was ultimately aborted by the assessee and […]

ICAI withdraws Guide on disclosure of Specified Bank Notes

November 23, 2018 3474 Views 0 comment Print

The Ministry of Corporate Affairs vide notification dated March 30, 2017 notified Companies (Audit and Auditors) Amendment Rules, 2017 and Amendment to Schedule III to the Companies Act, 2013. Vide this amendment, the following new clause was inserted in Rule 11 of Companies (Audit and Auditors) Rules, 2014

Service Tax on deposit collected by builder for Repair & Maintenance

November 23, 2018 1392 Views 0 comment Print

Commissioner of Service Tax Vs. M/s. Crescendo Associates (Bombay High Court) 1. This Appeal under Section 83 of the Finance Act, 1944 read with Section 35G of the Central Excise Act, 1944 challenges the order dated 15 September 2015 passed by the Customs, Excise and Service Tax Appellate Tribunal (“the Tribunal”). 2. The Revenue in […]

Cabinet approves Allied and Healthcare Professions Bill, 2018

November 23, 2018 972 Views 0 comment Print

Cabinet approves the Allied and Healthcare Professions Bill, 2018 for regulation and standardisation of education and services by allied and healthcare professionals

Extension of Norms for Mandatory Packaging in Jute Materials 

November 23, 2018 546 Views 0 comment Print

The CCEA approved that 100% of the food grains and 20% of the sugar shall be mandatorily packed in diversified jute bags. The decision to pack sugar in diversified jute bags will give an impetus to the diversification of the jute industry.

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