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Facility to upload statement 4 for Refund enabled on GST Portal

October 24, 2018 6606 Views 0 comment Print

Taxpayers tiling refund application on account of supplies made to SEZ unit/ SEZ Developer, with payment of tax, has now been provided with facility to upload Statement 4, at the time of filing Refund application.

Appellate Authority cannot review its own order under CS Act, 1980

October 23, 2018 1374 Views 0 comment Print

In view of our another Order dated 3rdFebruary, 2018 passed in an Appeal No. 10/ICSI/2015 namely Benny Methew vs. ICSI, we have already held that this Authority does not have the power to review its own Orders either expressly or by necessary implication.

No Default if TDS been deducted & Paid as per Certificate issue U/s. 197

October 23, 2018 2619 Views 0 comment Print

M/s Kribhco Shyam Fertilizers Ltd. Vs ITO (TDS) (ITAT Luknow) On general reading of provisions of section 197 of the Act, it authorizes the Assessing Officer to prescribe deduction of TDS at any lower rate provided the facts and circumstances justify such deduction. Clause (2) of section 197 of the Act further states that when […]

No disallowance u/s. 14A if Interest Income is more than Interest expense

October 23, 2018 4821 Views 0 comment Print

Where after setting off interest earned against the interest expenditure no further interest expense remains, then disallowance could not be made under section 14A.

Section 54: Date of unregistered agreement to sale can be taken as date of Transfer

October 23, 2018 10431 Views 0 comment Print

Gautam Jhunjhunwala Vs ITO (ITAT Kolkata) In order to avail the benefit of sec. 54 of the Act, one must purchase a residential house/new asset within one year before or two years after the date on which transfer of the old residential house in respect of which the long term capital gain had arisen. In […]

Income from agricultural land supervision is not agricultural income

October 23, 2018 4056 Views 0 comment Print

P.H.I. Seeds (P.) Ltd. Vs DCIT (ITAT Delhi) The factual matrix of the present case reveals that the farmer had entered into lease agreement with the assessee company and the farmer is the lawful owner of the land. The said farmers had leased the farm land to the assessee company which has handed it back to […]

Penalty U/s. 271B- Turnover means Actual TO not the TO declared in return

October 23, 2018 2466 Views 0 comment Print

Rajesh Agarwal Vs ITO (ITAT Kolkata) We have heard the arguments of both the sides and also perused the relevant material available on record. The first contention raised by the learned counsel for the assessee in support of the assessee’s case is that the gross receipts of his business as declared by the assessee in […]

CBIC exempt authorities under MoD from TDS compliance

October 23, 2018 8976 Views 0 comment Print

CBIC exempts from GST TDS Provisions authorities under the Ministry of Defence, other than the authorities specified in the Annexure-A and their offices, with effect from the 1st day of October, 2018 vide Notification No. 57/2018 – Central Tax Dated 23rd October, 2018. Exemption to post audit authorities under MoD from TDS compliance- With effect from the […]

Reg. GST Registration exemption if handicraft goods are supplied

October 23, 2018 86304 Views 10 comments Print

CBIC hereby specifies the categories of casual taxable persons who shall be exempted from obtaining registration under Central Goods and Services Tax Act, 2017 vide Notification No. 56/2018 – Central Tax Dated 23rd October, 2018. Exemption from compulsory registration to inter-state suppliers of handicraft goods Notification specifies two categories of inter-state suppliers of handicraft goods who shall be […]

AO not justified in not allowing standard deduction from annual letting value

October 23, 2018 873 Views 0 comment Print

Chand N. Bhojwani Vs DCIT (ITAT Mumbai) AO was bound to compute the tax payable by the assessee on the income computed by him even if it was at a lesser figure than the income returned by the assessee. AO was unjustified in not giving full effect to the assessee on having himself assessed such […]

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