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Exempt GST on reinsurance services to exempt Govt Sponsored Insurance Schemes

June 4, 2018 4911 Views 0 comment Print

The Secretary General, General Insurance Council, Mumbai vide his letter dated 04.05.2018 has requested to exempt GST on reinsurance services provided for exempted Government Sponsored Insurance Schemes which are listed as below:

Entire purchases cannot be treated as bogus for mere non-production of dealers

June 3, 2018 1662 Views 0 comment Print

Simply because the assessee could not produce the dealers, the entire purchases could not be treated as bogus purchases as AO could have made further investigations to ascertain the genuineness of the transactions.

No Penalty under section 271(1)(c) if Addition on estimate basis

June 3, 2018 20451 Views 0 comment Print

When income of assessee was determined on estimation basis of net profit, then no penalty under section 271(1)(c) could be imposed for concealment and furnishing inaccurate particulars.

Mere transfer of some of its customers and business leads to its subsidiary by a company not amount to Slump Sale

June 3, 2018 2412 Views 0 comment Print

L&T Finance Ltd. Vs DCIT ( ITAT Mumbai) We have given a thoughtful consideration to the facts of the case and are of the considered view that ‘Slump sale’ as defined in section 2(42C) means the transfer of one or more undertakings as a result of the sale for a lump sum consideration, without values […]

Tribunal Registrar cannot consider and decide on applications for condonation of delay

June 3, 2018 762 Views 0 comment Print

While hearing the appeal, we observed that the Registrar has heard this preliminary issue of condoning the delay and passed order on 8.3.3018 condoning the delay. The power of condoning the delay is with the Court/Tribunal under the Limitation Act as well as u/s. 253(5) r.w.s. 252(1) of the Income Tax Act.

Excise duty refund and interest subsidy under Industrial Policy (2002-2005) is capital receipt

June 2, 2018 1137 Views 0 comment Print

ACIT Vs M/s Agro Life Science Corporation (ITAT Kolkata) In the present case the amount of excise duty refund and interest subsidy was treated by the AO as revenue receipt subject to tax. The reason given by AO is that the impugned amount was given to assessee after the commencement of commercial Production.  However, the […]

In case of operating leases, lease rent is an allowable expenditure

June 2, 2018 6204 Views 0 comment Print

M/s. HDFC Securities Ltd. Vs DCIT (ITAT Mumbai) AO had made the disallowance as he was of the opinion that it was a prepaid expense and that it could not be claimed during the year under appeal, that the assessee had claimed the expenditure as per the provisions of AS-19, that the agreement entered into […]

Section 79 gets attracted in case of change in more than 51% of shareholding despite being the same within the group

June 2, 2018 23577 Views 0 comment Print

Perusal of share holding pattern in current year clearly indicated that more than 51% of shareholding had changed, though within the group it remained the same, provisions of section 79 were attracted in assessee’s case and AO was justified in disallowing the claim of assessee.

Service Tax not leviable on Amount reimbursed by client on Actual basis

June 2, 2018 384 Views 0 comment Print

S.K. Mohanty, Judicial Member –This appeal is directed against the impugned order dated 21/07/2011 passed by the Commissioner (Appeals), Service Tax, New Delhi

Registration U/s.12AA cannot be cancelled for mere failure to communicate amendment in trust deed

June 2, 2018 4716 Views 0 comment Print

ITAT held that If amended objects of the trusts are not non-genuine and charitable in nature, then mere failure on the part of the assessee to intimate this amended objects to the department would not goad the ld. Commissioner to cancel registration.

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