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Reverse Cenvat credit on bottles procured from sister units & sold in market: CESTAT

August 28, 2018 1332 Views 0 comment Print

M/s Hindustan Coca Cola Beverages Pvt. Ltd. Vs Commissioner of Central Excise (CESTAT Hyderabad) The facts of the case in dispute are that the appellant availed on common input services and goods and obtained to the services reversed under Rule 6(3A). The only questions to be decided are a) whether the value of the goods […]

Sec. 271(1)(c) Penalty not justified merely for disallowance of claim

August 28, 2018 18471 Views 1 comment Print

Jain Studios Ltd. & Anr. Vs DCIT (ITAT Delhi)  Mere making of a claim which had not been accepted, would not per se tantamount to furnishing of inaccurate particulars to attract penalty proceedings under section 271(1)(c) of Income Tax Act, 1961. Bare perusal of explanation furnished by the assessee went to prove that it had come up […]

GST on Component of solar power generation system & nature of supply

August 28, 2018 18837 Views 0 comment Print

In re Eapro global limited (GST AAR Uttarakhand) Component of solar power generation system and nature of supply thereof, whether mixed or composite and rate of tax there on? (i) Supply of solar inverter, controller, battery and panels would covered under “Solar Power Generating System” as a whole in terms of serial no. 234 of […]

ITC of goods & services used in erection of infrastructure for leasing to Telecom operators

August 28, 2018 14829 Views 0 comment Print

In re Vindhya Telelinks LTD (GST AAR Uttarakhand) Whether applicant is eligible for ITC of goods and services used for erection of infrastructure to which fibre cables are connected for leasing to Telecommunication operators? we observe that if the goods are movable from one place to another in the same position or liable to be dismantled […]

Not reporting as per revised 3CD report is Professional Misconduct

August 27, 2018 4602 Views 0 comment Print

Being aggrieved by the Report dated 14thOctober, 2015 and Order dated 27 th May, 2017 (Impugned Order), passed by the Disciplinary Committee of the Institute of Chartered Accountants of India under Section 21B (3) of the Chartered Accountants Act, 1949 read with Rule 19 (1) of the Chartered Accountants (Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases) Rules, 2007, CA. Is

No GST on license Fee for sale of liquor for human consumption

August 27, 2018 3849 Views 0 comment Print

Divya Singla Vs Union of India (Punjab and Haryana High Court) The petitioners approached this Court seeking quashing of notice dated 15.05.2017 whereby the respondent asked the petitioner to furnish certain information with reference to levy of service tax on the fee paid for award of license for sale of liquor.  Learned counsel for respondents No.1 to 3 […]

Penalty U/s. 158BFA(2) not leviable when Assessment U/s. 158BC itself is Quashed

August 27, 2018 1086 Views 0 comment Print

Sh. Ravinder Taneja Vs ACIT (ITAT Delhi) As assessment under section 158BC itself has been quashed, thus, the penalty levied in respect of the income assessed under said assessment order cannot survive. Accordingly, we set aside the order of the lower authorities and cancel the penalty levied under section 158BFA(2) of the Act. FULL TEXT […]

Section 234E fees cannot be levied for Quarter ending before 01.06.2015

August 27, 2018 9324 Views 0 comment Print

When amendment made U/s. 200A of Income Tax Act which has come into effect on 1.6.2015 is held to be having prospective effect, no computation of fee for the demand or the intimation for the fee under Section 234E could be made for the TDS deducted for the respective assessment year prior to 1.6.2015.

ITAT directs AO to treat licence fee derived from tenants as business income

August 27, 2018 996 Views 0 comment Print

Batram Properties Pvt. Ltd. Vs ITO (ITAT Kolkata) Under section 22 of the Act the charge to tax of income from house property is based on the ownership of such property. The admitted position in the present case is that the assessee is only a tenant and not the owner of the property. It is also […]

ITAT deletes addition under section 40A(3) for Cash payments to BSNL

August 27, 2018 2484 Views 0 comment Print

Kamta Prasad Mittal Vs Dy. CIT (ITAT Lucknow) It is an undisputed fact that a Demand Note was issued by BSNL requiring the assessee to make payments in cash and genuinity of the payments to BSNL was never doubted by the With regard to the observation of the ld. CIT(A) that BSNL is not a […]

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