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HC explains difference between Res Judicata and Consistency Principle

August 27, 2018 6492 Views 0 comment Print

PCIT Vs. Quest Investment Advisors Pvt. Ltd (Bombay High Court) The decisions cited have uniformly held that res judicata does not apply in matters pertaining to tax for different assessment years because res judicata applies to debar courts from entertaining issues on the same cause of action whereas the cause of action for each assessment […]

Online Status of applications for Import /Non-SCOMET Export/ SCOMET Export Licenses

August 27, 2018 2364 Views 0 comment Print

It is being further informed that applicants may now view the status of their applications for Import /Non-SCOMET Export/ SCOMET Export Licenses on the DGFT’s website dgft.gov.in. To access this facility, applicant may visit the dgft’s website and therein. TRADE NOTICE No. 26/2018 dated 27th August, 2018

GST on food, soft drink & ITC on Movie Distributor revenue share bill

August 27, 2018 16101 Views 0 comment Print

In re Jabalpur Entertainment Complexes Pvt. Ltd. (GST AAR Madhya Pradesh) Q1. Whether GST @5% can be charged on food, soft drinks, and snacks sold in the Snack Bar & Food Court in terms of Notification no.46/2017; In respect of Question 1, we hold that the items supplied in Snack Bar and Food Court shall […]

Salary Certificate is Not the Only Basis to calculate Motor Accident Compensation

August 26, 2018 5364 Views 0 comment Print

United india insurance co. Ltd. Vs Indiro devi & ors. (Supreme Court of India) There is no doubt that if the salary certificate is taken into account the salary of the deceased should be taken as Rs. 1,06,176/- since the gross salary was Rs.8848 per month. That, however, in our view does not mean that the income […]

No disallowance U/s. 14A if Satisfaction as to incurring of expense against exempt income not recorded

August 26, 2018 1827 Views 0 comment Print

Where AO had directly made the disallowance under section 14A by abruptly rejecting workings of assessee without having any cogent reason to deny the claim made by the assessee no expenditure was incurred for earning exempt income, the disallowance was deleted.

Period of holding commences from Property Purchase agreement date

August 26, 2018 7653 Views 0 comment Print

On the facts and circumstances of the case and law, the Ld. CIT(A) has erred in not appreciating the action of the A.O. in making an addition of Rs. 2,,88,65,116/- treating the capital gain arising as a result of sale of flat No. 1807, Ashok Towers, Mumbai, as short term capital gain

ITAT disallows Payment of referral fees paid by Car dealer

August 26, 2018 999 Views 0 comment Print

This is an Appeal by the Assessee directed against the order by the Commissioner of Income Tax (Appeals)-2, Jalandhar (‘CIT(A)’, for short) dated 05.10.2016, partly allowing the assessee’s appeal contesting its assessment u/s. 143(3) of the Income Tax Act, 1961 (‘the Act’, hereinafter) dated 12.10.2015 for Assessment Year (AY) 2013-14

Loss of security deposit against rented premises is business loss

August 25, 2018 3807 Views 0 comment Print

M/s Outworks Solutions [P] Ltd Vs JCIT (ITAT Delhi) No doubt, the assessee claimed write off as bed debt but it is equally true that the assessee did explain the sequence of events which prompted it for the said write off. There is no denying that the assessee does not fulfill the conditions mandated in […]

Contributions cannot be treated as Anonymous If Name & Address of Donee is Available

August 25, 2018 4908 Views 0 comment Print

Dhirendra Pal Singh Institute Vs JCIT (ITAT Agra) The receiver of the donations has maintained the register of donors indicating the names and addresses of the donors and their identity as well in the form of Voter Card, Bank account, etc. The CIT (A) has found and opined in his order that these donations have been […]

Product Development expense for existing line of business is revenue expenditure

August 25, 2018 4308 Views 0 comment Print

M/s. Nov Sara India Pvt. Ltd Vs Addl. CIT (ITAT Delhi) Software development expenditure which was held to be capital expenditure by the Assessing Officer holding that it has given a benefit of enduring nature to the assessee. The claim of the assessee is that same is a license fee and, therefore, it cannot be […]

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