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Compounding Fee paid to Legal Metrology Dept is allowable expense

August 13, 2018 4995 Views 0 comment Print

Ocean Agro (India) Ltd. Vs DCIT (ITAT Ahmedabad) A short issue before us is, whether compounding fees expended by the assessee is compensatory in nature, and allowable expenditure under section 37(1) or not. We find that Explanation 1 appended to section 37(1) of the Income Tax Act prohibits allowance of any expenditure, if it was incurred […]

No GST on education board prescribed Lab manuals for School Students

August 13, 2018 2805 Views 0 comment Print

In re Evergreen Publication (India) Ltd. (GST AAR Punjab) Lab manuals generally for class 6th to 12th printed by printing / publishing industry as prescribed by education boards and written by author(s), whether is tax free product falling under heading 4901 attract nil duty? The Lab Manual being published by the applicant which comprises of […]

Cash Discount cannot be disallowed for mere non-mention of same on Invoice

August 10, 2018 5019 Views 0 comment Print

M/s. Sai Krishna Agencies Medak Vs Asstt. (ITAT Hyderabad) We find that the AO had made some enquiries from the customers to find out if they received any discounts from the assessee, but the assessee has not been confronted with the findings of such an ex-parte enquiry report. This is in clear violation of principles of […]

Service tax payable on service of foreign institutions availed in getting ECBs

August 10, 2018 2226 Views 0 comment Print

M/s. Paramount Communications Ltd. Vs CCE (CESTAT Delhi) It is a matter of record that the appellant assessee have availed services of certain foreign based agencies for receiving external foreign commercial borrowings (ECB) from abroad. It is also a matter of fact that during 2006 to 2007, certain payments in the form of commission have […]

Deemed dividend Law applies only to Accumulated Profits at start of relevant FY

August 10, 2018 3585 Views 0 comment Print

Sri Srikanth Marru Hyderabad Vs ITO (ITAT Hyderabad) There is a nexus between the loan taken from the LIC and the premium paid for the Keyman Insurance Policy. Since the Keyman Insurance Policy is for the benefit to the assessee, it was held that the same is taxable as deemed dividend u/s 2(22)(e) of the […]

Addition U/s 68 not justified for Mere Non-Production of Director of Share Holder Company

August 10, 2018 2226 Views 0 comment Print

Moti Adhesives P. ltd. Vs ITO (ITAT Delhi) Mere non production of Director of said share holder company cannot justify adverse inference u/s 68 of the Act. Even if there was any doubt if any regarding the creditworthiness of the share applicants was still subsisting, then AO should have made enquiries from the AO of […]

Assessee in default if Not deducted TDS from payment made to non-residents on purchases of immovable property

August 10, 2018 5604 Views 0 comment Print

Where assessee failed to deduct tax at source under section 195 from payment made to non-residents on purchases of immovable property from them and also assessee failed to obtain certificate for non-deduction of TDS, assessee was, therefore, rightly treated by AO as assessee-in-default under section 201(1).

Enhanced monitoring of Qualified Registrars to an Issue and Share Transfer Agents

August 10, 2018 2232 Views 0 comment Print

SEBI constituted a Committee under the Chairmanship of Shri R. Gandhi, Former Deputy Governor, Reserve Bank of India to review the regulations and relevant circulars pertaining to Market Infrastructure Institutions (MIls). The Committee also looked into the desirability of extending the extant framework of MIIs to certain market intermediaries including the Registrars to an Issue and Share Transfer Agents (RTAs) servicing more than 2 crore folios (hereinafter referred to as “Qualified RTAs” or “QRTAs”).

Disallowance U/s. 40(a)(i) on commission to foreign agents paid outside India

August 10, 2018 1464 Views 0 comment Print

Eaton Industrial Systems (P) Ltd. Vs DCIT (ITAT Pune) Where assessee-company paid sales commission foreign of agents for securing export orders from the buyers abroad the services were not rendered by such foreign agents in India, and no part of the said income had arisen in India, therefore, TDS was not required to be deductible […]

CA held guilty of arranging Bogus Bills through Dummy Concerns

August 10, 2018 3432 Views 0 comment Print

Appellant was undoubtedly involved in arranging bogus bills through dummy concerns and charged commission for the same and therefore he was rightly held guilty under the aforementioned clauses for committing the Professional and Other Misconduct by the Board of Discipline of the Institute of Chartered Accountants of India.

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