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No Penalty for addition due to deeming provisions of Section 50C

September 4, 2018 11406 Views 0 comment Print

A.O. applied the deeming provisions of Section 50C of the I.T. Act, for the purpose of making the addition. Thus, the A. O. did not bring any positive evidence on record to show that assessee has concealed particulars of income or furnished any inaccurate particulars.

Income from let out property- Ownership vis-a-vis nature of activity

September 4, 2018 1035 Views 0 comment Print

Hemkunt Chemicals Pvt. Ltd. Vs ITO (ITAT Delhi) To decide nature of income received from letting out of property the deciding factor is not ownership of premises but the nature of activity of assessee and nature of operations in relation thereto. As evident from assessees memorandum, objects of the company were to buy, purchase or […]

Seized cash eligible for appropriation against interest liability U/s. 234A

September 4, 2018 2268 Views 0 comment Print

Nitin Kumar Vs ACIT (ITAT Kolkata) Interest under section 234A is charged for delay in filing of the return from the prescribed due date. The cash was seized from the possession of the assessee before due date of filing of return under section 139(1) in the relevant assessment year when such seizure took place. Thus, […]

Appendices & Aayat Niryaat Forms amended- Chapter 6 of FTP/HBP 2015-20

September 4, 2018 2229 Views 0 comment Print

Amendments have been made in Appendices & Aayat Niryaat Forms (ANFs) pertaining to Chapter 6 of Handbook of Procedures 2015 2020 in light of implementation of GST and updation in FTP/HBP consequent upon Mid-Term Review on 5.12.2017 vide Public Notice No. 36/2015-2020-DGFT dated 4th September, 2018.

Procedure for export of SCOMET items for display/exhibition/tenders/RFP/RFQ/NIT

September 4, 2018 1215 Views 0 comment Print

Paragraph 2.79 D has been included in the Handbook of Procedures of FTP 2015- 20 to lay down the procedure for export of SCOMET items for display/exhibition/tenders/RFP/ RFQ/NIT purposes vide Public Notice No. 34/2015-20 dated 4th September, 2018.

GST on Job work Charges Related to Beer and supply of beer

September 4, 2018 4380 Views 0 comment Print

Supply of beer per se is not taxable under GST. What is taxable in the subject case is the job work which is a service provided by PIL to the applicant, for which they are receiving consideration.

Remuneration to partners cannot be disallowed if Partnership deed mentions the method of quantification

September 4, 2018 4956 Views 0 comment Print

JRA & Associates Vs ACIT (ITAT Delhi) After perusal of the partnership deed in the assessee’s case it can be seen that the CBDT Circular in Clause 4 has categorically mentioned that even the method of quantification can be accepted as per the provisions of Section 40(b) (v) of the Act. Besides that the Hon’ble […]

ITAT allows Vacancy Allowance since Assessee couldn’t find Tenant

September 3, 2018 7080 Views 0 comment Print

Shri Sachin R. Tendulkar Vs DCIT (ITAT Mumbai): The assessee had been unable to let out the property for the captioned period, he was entitled to deduction under section 23(1)(c) for vacancy allowance

School cannot fail a student till Class VIII; School should ensure attendance of student

September 3, 2018 22425 Views 0 comment Print

Right to education up to the age of 14 years is guaranteed as fundamental right under Article 21A of the Constitution of India and a student cannot be failed up to 8th Class.

Registration U/s. 12AA cannot be denied for mere failure to produce original copy of MoA

September 3, 2018 762 Views 0 comment Print

The Managing Committee Aminia Muslim Girls School Vs Pr. CIT (Exemption) (ITAT Delhi) The Ld. CIT(E) declined the registration and approval u/s 12AA and Section 80G respectively, on the sole ground that, the applicant has not filed requisite details as well as MoA for verification, so as to establish the nature and genuineness of the […]

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