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Failure to upload Form GST TRAN-1 due to technical glitches- HC directs Assessee to apply to Nodal Officer

July 24, 2018 2997 Views 0 comment Print

Where assessee was unable to file Tran-1 form within due date owing to technical glitches in GST website and could not avail of Cenvat credit, the assessee was granted liberty to approach to concerned nodal officer who was directed to look into the issue and facilitate the uploading of Form TRAN-1 without reference to any time frame

Income from renting of IT park with services related to its use as technology centers constitutes Business Income

July 23, 2018 1782 Views 0 comment Print

Ambattur Infra Developers prevail in ITAT Chennai. Payments for leased space and services to be considered under ‘income from business.’

ITAT can direct AO for fresh enquiry into aspects of subject matter of appeal

July 23, 2018 5889 Views 0 comment Print

M/s. Fidelity Business Services India Pvt. Ltd. Vs ACIT (Karnataka High Court) Issue- Whether the Income Tax Appellate Tribunal has power under Section 254 of the Income Tax Act, 1961, to give directions for fresh enquiry into the aspects of the subject matter of appeal filed before it either suo motu or on any grounds […]

Service Tax on construction of women hostel for Ministry of WCD

July 23, 2018 2313 Views 0 comment Print

National Building Construction Corporation Ltd. Vs CST (CESTAT Delhi) Services of construction of women hostel for and on behalf of Ministry of Women and Child Development (WCD), Government of India and construction of Civil Services Offices Institute are not commercial in nature. In furtherance of the decision of Hon’ble Supreme Court in the case of […]

Service Tax payable on Consideration received under Vanprastha Ashram Scheme by Patanjali Trust

July 23, 2018 1134 Views 0 comment Print

M/s. Patanjali Yogpeeth Trust Vs C.C.E. (CESTAT Delhi) Now coming to the demand qua the donations received by the appellant under one of its Scheme called Vanprastha Ashram Scheme, it is held that under this scheme the appellant was leasing the accommodation to all those who are interested to visit the appellant premises till their […]

Trust cannot be treated as NBFC to pay service tax on Banking & Financial Services

July 23, 2018 2370 Views 0 comment Print

M/s. Mahasemam Trust Vs Commissioner of Central Excise (CESTAT Chennai) There is no dispute, that appellants are a Registered Charitable Trust. There is also no allegation that they have been approved to function as a bank or even as a non-banking institution by the R.B.I. This being so, they cannot be termed as a “Banking […]

No charity in Mere supply of food to poor received from Govt or Intermediaries

July 23, 2018 927 Views 0 comment Print

CIT Vs M/s. Annadan trust (Kerala High Court) The sub-contract of the assessee cannot be considered to be a charitable activity, especially since the supply of food is with the funds of the State Government, received by the assessee as contract amounts. The activity of the assessee confined to such sub-contracts cannot be deemed to be a charitable activity and […]

Framework for Enhanced Market Borrowings by large Corporates

July 21, 2018 1242 Views 0 comment Print

1.1. Government of India in the Union Budget of 2018-19, made the following announcement: “SEBI will also consider mandating, beginning with large Corporates, to meet about one-fourth of their financing needs from the debt market.” 1.2. A series of steps have been taken, over time, by Government in consultation with Regulators, to develop and deepen the bond market. At the same time, however, concerns have been raised about the ability of banks to finance increasing borrowing needs of the corporates, especially as the investment cycle has shown an upward tick. Accordingly, the said budget announcement may be seen as a step in the direction of the larger goal of not only to reduce reliance on banks to finance corporates but also to develop a liquid and vibrant corporate bond market.

Deemed registration of Charitable trust under section 12A

July 20, 2018 5586 Views 0 comment Print

Where application for registration under section 12A of Income Tax Act, 1961 is not disposed of by either accepting or refusing it within six months as per provisions of section 12AA(2), the registration would be deemed to applicable from date of expiry of six months from date of application.

Jurisdiction U/s. 263 cannot be assumed for non-communication of Form 3CL by DSIR to DIT (E)

July 20, 2018 2640 Views 0 comment Print

Century Seeds Private Limited Vs DCIT (ITAT Hyderabad) With reference to the finding of the Ld. CIT that the Form 3CM and 3CL are not filed which are mandatory, it was the submission that assessee has filed Form 3CM in letter format issued by DSIR granting renewal of recognition up to 3 1.03.2015 by the […]

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