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Penalty U/s. 272A (2)(k) cannot be imposed for a mere technical venial breach

June 21, 2018 1482 Views 0 comment Print

Explanation offered by the assessee would constitute ‘reasonable cause’ within the meaning of section 273B of the Act and hence the assessee would be entitled for immunity from levy of penalty u/s 272A(2)(k) of the Act.

Mere failure to submit TRC U/s. 90(4) is not a bar to grant benefits under DTAA

June 21, 2018 3156 Views 0 comment Print

Skaps Industries India Pvt Ltd Vs. ITO (ITAT Ahmedabad) Section 90(4), in the absence of a non-obstante clause, cannot be read as a limitation to the treaty superiority under Section 90(2), we are of the considered view that an eligible assessee cannot be declined the treaty protection under section 90(2) on the ground that the […]

S. 69C Bogus Purchases: Right of cross-examination is not absolute

June 21, 2018 2346 Views 0 comment Print

This appeal, filed by the assesseee, being ITA No. 2960/Mum/2016, is directed against the appellate order dated 16.02.2016 passed by learned Commissioner of Income Tax (Appeals)-3, Thane (hereinafter called the CIT(A)), for assessment year 2011-12, appellate proceedings had arisen before learned CIT(A) from the assessment order dated 25.03.2014 passed by learned Assessing Officer (hereinafter called the AO) u/s 143(3) of the Income-tax Act, 1961 (hereinafter called the Act).

Payment of one-time fee to continue mining business: capital expenditure or revenue?

June 21, 2018 1257 Views 0 comment Print

PCIT Vs Rungta Mines Ltd (Calcutta High Court) The legal issue that the Revenue seeks to assert is as to whether the payment of the net present value by an assessee engaged in mining for use of forest land for mining purpose would be a capital expenditure or a revenue expenditure. It is not in […]

Payment by firm to ex-partners or to spouses of deceased partners cannot be treated as application of money

June 21, 2018 1284 Views 0 comment Print

Granting tax relief to Deloitte India, the Mumbai bench of the Income Tax Appellate Tribunal (ITAT) held that the provisions relating to Tax deduction at Source (TDS) are not applicable to the professional fee paid by them to its Group Entities in US and Singapore.

HC confirms addition based on Bogus Balance Sheet submitted with Bank: Instruct ICAI to take action against erring CA

June 21, 2018 8679 Views 2 comments Print

Whether any addition to income can be made on the basis of balance-sheet and profit and loss accounts certified to have been prepared on estimate basis to avail bank loan and having no relation with the actual?

Service Tax cannot be levied on incentive to encourage use of franking machines

June 20, 2018 2742 Views 0 comment Print

Coming to the controversy on rebate received from the postal department, it cannot be treated as a commission or an amount received for promoting the postal services. Such incentives are given by the postal authority to encourage use of franking machines, especially where the volumes are above a certain threshold level.

HC directs Municipal Corporation, Raipur to Consider GST reimbursement application as per law

June 20, 2018 1065 Views 0 comment Print

Natthani Infrastructures Vs State of Chhattisgarh (Chhattisgarh High Court) 1. Learned counsel appearing for the petitioner would submit that petitioner has made an application on 05.04.2018 before the respondent authorities for reimbursement of additional Goods and Services Tax (GST) liability on civil contract and work order issued prior to implementation of Goods and Services Tax Act, […]

Addition for Cash Received Against Sale of Agricultural Land Not Disclosed In Sale Deed

June 20, 2018 23781 Views 0 comment Print

Shri Jafrudin Kaji Vs The ITO (ITAT Ahmedabad) It is an undisputed fact that the assessee sold land for Rs.72 lakhs as evident from the sale deed. Therefore, the argument of the learned counsel for the assessee that the amount of cash deposits represents the sale consideration of agriculture land is without any substance. However, […]

Recipient of service cannot make advance GST Ruling Application unless covered under RCM

June 20, 2018 1797 Views 0 comment Print

In re Visvesvaraya National Institute Of Technology (GST AAR Maharashtra) We find that in the present application as per submissions made before us, the applicant is recipient of service and not service providers and also that these services are not under reverse charge mechanism. The notification as referred by them, is applicable to provider of […]

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