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

August 27, 2018 2442 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 […]

Remuneration to partners cannot be disallowed merely because share of partners not fixed or deed not provides for manner of quantification of such remuneration

August 27, 2018 9030 Views 0 comment Print

Panda Fuels Vs ITO (ITAT Cuttack) We have heard the rival submissions, perused the orders of lower authorities and materials available on record. In the instant case the Assessing Officer disallowed deduction for remuneration paid to partners of Rs.6,64,923/- on the ground that the partnership deed does not provide for remuneration to partners. The same […]

No GST on fee for grant of license sale of liquor for human consumption

August 27, 2018 1686 Views 0 comment Print

Learned counsel for respondents No.1 to 3 fairly submitted that he has received instructions to the State that in 26th meeting of GST Council held on 10.03.2018 it has been decided that no GST/Service Tax is leviable on the fee paid for grant of license sale of liquor for human consumption.

Section 56(2)(viia) prevents laundering of unaccounted income under the garb of gifts

August 27, 2018 4020 Views 0 comment Print

Vora Financial Services P. Ltd Vs. ACIT (ITAT Mumbai) The provisions of section 56(2) (vii) were introduced as a counter evasion mechanism to prevent laundering of unaccounted income under the garb of gifts‘ particularly after abolition of the Gift Tax Act. The provisions were intended to extend the tax net to such transactions in kind. The […]

HC explains difference between Res Judicata and Consistency Principle

August 27, 2018 7422 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 2850 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 16863 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 5922 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 2004 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 8373 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

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