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HC allows release of goods on furnishing security for Tax & Penalty

October 30, 2018 639 Views 0 comment Print

Krishna Enterprises Vs State of U.P. & Ors. (Allahabad High Court) Heard Shri Aditya Pandey, learned counsel for the petitioner and the learned Standing Counsel on behalf of the State-respondents. The goods of the petitioner under transportation along with the vehicle have been seized vide order dated 08.05.2018 passed under Section 129(1) of UP GST […]

All you wanted to know about PAN

October 30, 2018 8100 Views 0 comment Print

All you wanted to know about PAN What is PAN? All India UNIQUE 10 Alphanumeric Character allotted by the Income Tax Department. PERMANENT ACCOUNT NUMBER (PAN) does not change with, change of address or station or change of Assessing Officer, etc PAN is needed by > an Income Tax assessee, or > any person carrying […]

No transfer on Gift of share in property against cash gift under Family settlement

October 30, 2018 2235 Views 0 comment Print

Jyoti Rakesh Kapoor Vs. ITO (ITAT Mumbai) We find merits in the arguments of the assessee for the reason that the assessee has gifted her 50% share in the property in favour of her brother in law in pursuance of family arrangement between the family members for acquiring separate property for each family member. The […]

Show cause notice cannot pre-judge the issue- Order denying credit cannot be SCN

October 30, 2018 1386 Views 0 comment Print

TVS Motor Company Ltd. Vs Asstt. Commr. of CGST & CE (Madras High Court) The respondent states that the impugned order is only a show cause notice (SCN). This Court is unable to agree with the said stand taken by the learned Senior Panel Counsel appearing for the Revenue, as a show cause notice cannot […]

Running school buses for fees by Trust is not a commercial activity if same is incident to achieve main object of proving education

October 30, 2018 6672 Views 0 comment Print

Delhi Public School Ghaziabad Vs ACIT (ITAT Delhi) The assessee did not provide transport facility to the outsiders and was providing the same only to the students and the staff working for the society. Since transport facility was incidental to achieve the object of providing education, i.e., the object of the society, therefore, the transport […]

Disallowance U/s. 36(1)(iii) justified for Interest-free loan to sister concern without commercial expediency

October 29, 2018 13134 Views 0 comment Print

M/s C.R. Auluck & Sons Pvt. Ltd. Vs ACIT (ITAT Chandigarh) Assessee has failed to establish its case of commercial expediency.  The intention of assessee in advancing the said interest-free loan to its sister concern was not for the purpose of business because the two concerns were carrying on independent lines of manufacturing and the […]

S. 43B Overdue interest converted into loan allowable only on payment

October 29, 2018 5898 Views 0 comment Print

Explanation 3C to section 43B provides that interest payable can only be allowed to an assessee when the same is actually paid and any interest which has been converted into a loan shall not be deemed to have been actually paid.

S. 80IB Deduction cannot be denied for mere non-submission of Form 10CCB Audit Report with Return

October 29, 2018 8505 Views 0 comment Print

DCIT Vs M/s Reckitt Benckiser (India) Ltd. (ITAT Kolkata) We come to Revenue’s appeal. Its sole grievance reads that the CIT(A) has erred in law and as facts in allowing arrears Section 80IB and 80IC deduction claims totaling to Rs. 1,39,48,12,000/- thereby reversing Assessing Officer’s action not taking any cognizance thereof solely for the reason […]

Period of holding whether to be reckoned from purchase agreement registration date or stamp date

October 29, 2018 7704 Views 0 comment Print

Sanjaykumar Footermal Jain Vs ITO (ITAT Mumbai) In the instant case it is crystal clear that by virtue of agreement for sale dt. 24-04-2008, and making a part payment, the assessee has acquired irrevocable tight, title and interest including possession in the house property in the form of Godown. The registration of the property which […]

Notional Income cannot be added for property lying vacant due to Act of Government

October 29, 2018 1353 Views 0 comment Print

Appellant was prevented by sufficient cause not to let out this property. Therefore, the Notional Income from the said property lying vacant due to Act of Government cannot be added back.

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