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Deduction U/s. 54F cannot be disallowed for mere non-depositing of amount in capital gains tax account scheme

July 1, 2018 4092 Views 0 comment Print

This is an appeal filed by the assessee against the order of Commissioner (Appeals)- 46, Mumbai dated 20-1-2017 for assessment year 2011-12 in the matter of order passed under section 143(3) of the Income Tax Act wherein following grounds have been taken by the assessee

Section 2(22)(e) not applicable to Current Account Transactions

July 1, 2018 2160 Views 0 comment Print

Provisions of section 2(22)(e) related to deemed dividend are not applicable where the relevant transactions are in the nature of current account transactions and not loans and advances.

Penalty U/s. 271B not leviable if Assessee had Bona fide belief that accounts not liable for audit U/s. 44AB

July 1, 2018 4128 Views 0 comment Print

United Education Society Vs JCIT (ITAT Delhi)  Undisputedly, the assessee society is registered under section 12A of the Act as a charitable trust engaged in charitable activities for imparting education through its colleges. It is also not in dispute that the assessee society has been claiming exemption under section 11 of the Act on the […]

No Income Tax on Membership / Contribution Fee Received by IZA Belgium from Indian members

July 1, 2018 6687 Views 0 comment Print

Membership fee and contribution from members received by IZA Belgium from the Indian members would not be liable to Income-tax in India under the provisions of the Income-tax Act, 1961 or the India-Belgium DTAA.

Management charges paid to HO do not come within purview of section 44C

July 1, 2018 906 Views 0 comment Print

Lloyd’s Register Quality Assurance Ltd. Vs DCIT (ITAT Mumbai) Undisputed facts are, the Assessing Officer by treating the management charges as Head Office expenses has restricted the claim of the assessee to 5% of the total adjusted income in terms of section 44C of the Act. Whereas, learned Commissioner (Appeals) relying upon the order passed […]

Restrictive provision of section 80 does not apply to 153A return

July 1, 2018 2166 Views 0 comment Print

ACIT Vs M/s. Splendor Landbase Limited (ITAT Delhi) It is seen that section 153A starts with Non obstante clause which inter alia overrides the provisions of section 139. This shows that return filed under section 153A is a separate return. Ld. AR relied upon the judgment of Jurisdictional High Court of Delhi in the case […]

Submission of detailed submitted before AO in summarised & Tabular Form before CIT cannot be considered as submission of any new evidence

July 1, 2018 1878 Views 0 comment Print

M/s. Hinduja Group India Ltd Vs ACIT (ITAT Mumbai) Submission of detailed submitted before AO in summarised & Tabular Form before CIT cannot be considered as submission of any new evidence Power of the appellate authority clearly overrides the provisions of sub-rules (1), (2) and (3) of rule 46A and it is open to the […]

18% GST on EPC Contract of solar power plant treated as ‘Works contract’

July 1, 2018 10491 Views 0 comment Print

The contract for Erection, Procurement and Commissioning of Solar Power Plant falls under the ambit Works Contract Services (SAC 9954 ) of Notification no. 11/2017 Central Tax (Rate) dated 28 June, 2017 and attracts 18% rate of tax under IGST Act, or 9% each under the CGST and SGST Acts, aggregating to 18%.

GST: Works Contractor to register in state where he has fixed establishment

July 1, 2018 10590 Views 2 comments Print

In re Jaimin Engineering Pvt Ltd (GST AAR Rajasthan) A supplier of service will have to register at the location from where he makes Taxable supplies or is supplying Taxable services if his aggregate turnover in a financial year exceeds twenty lakh rupees (ten lakh rupees in any of special category states). While supplying services […]

Section 281: TRO cannot declare Transfer of Property void

July 1, 2018 12627 Views 0 comment Print

M/s. Agasthiya Holdings Private Limited Vs CIT (Madras High Court) In Tax Recovery Officer Vs. Gangadhar Viswanath Ranade (Decd.,) reported in AIR 1999 SC 427, the scope of Section 281 of the Income Tax Act and Rule 11 of the Second Schedule came up for  consideration. The question arose for consideration before the Honourable Supreme […]

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