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No Cessation of liability if Amount forfeited is subject matter of civil suit and cannot be taxed

June 22, 2018 1179 Views 0 comment Print

Where amount forfeited by assessee against cancellation of booking of flat was subject-matter of civil suit, it could not be said that there was cessation of liability so as to tax such amount as assessee’s income.

Interest on Home Loan- Deduction U/s. 24(b) and in Computation of Capital Gain

June 22, 2018 9573 Views 0 comment Print

Deduction under section 24(b) and computation of capital gains under section 48 being altogether different provisions, interest paid to bank for acquiring capital asset would be eligible as part of cost of acquisition, even if same had been claimed under section 24(b) while computing income from housing property.

GST on Reactor machine used in Hand Pump for water disinfection

June 22, 2018 1581 Views 0 comment Print

In re Taraltec solutions private limited (GST AAR Maharashtra) GST Rate Applicability on reactor machine which is used in Hand Pump for water disinfection Reactor, in the case of the applicant is nothing but a filtering or purifying machinery/apparatus for liquids. Apparatus used for filtering or purifying water falls under Heading 8421 21 attracting 9% […]

Sec. 195 No TDS deductible if sum is not chargeable to tax

June 22, 2018 4374 Views 0 comment Print

Revenue is in appeal against the judgment of the Income Tax Appellate Tribunal, Rajkot Bench dated 28th August 2017, raising the following question for our consideration

Notification No. 57/2018-Customs (N.T.), Dated-22.06.2018

June 22, 2018 4338 Views 0 comment Print

MINISTRY OF FINANCE (Department of Revenue) Notification No. 57/2018 – Customs (N.T.) New Delhi, the 22nd June, 2018 G.S.R.582(E).— In exercise of the powers conferred by section 11 of the Customs Act,1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following […]

Intellectual Property Rights (Imported Goods) Enforcement Amendment Rules, 2018

June 22, 2018 9432 Views 0 comment Print

1 (i) These rules may be called the Intellectual Property Rights (Imported Goods) Enforcement Amendment Rules, 2018. (ii) They shall come into force on the date of their publication in the Official Gazette.

Tribunal cannot pass order beyond 3 months of conclusion of hearing of appeal

June 22, 2018 4617 Views 0 comment Print

Cromption Greaves Limited Vs. CIT (ITAT Mumbai) This M.A. has been filed by the assessee seeking recall of the order of the tribunal in ITA no. 1994/Mum/2013 dated 01-02-2016 . The learned counsel for the assessee pressed only one ground before the Bench that the tribunal order dated 01-02-2016 was passed beyond period of 90 […]

Reopening based on vague and non-speaking reasons is reopening without jurisdiction

June 22, 2018 3033 Views 0 comment Print

Sunil Agarwal Vs ITO (ITAT Delhi) We find that there is no allegation in the reasons recorded that there is failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment u/s 147 of the Act, the notice issued u/s. 148 of the Act after a period of […]

Expenses on replantation without any expansion of plantation area or replantation in an abandoned area are not capital expenditure

June 22, 2018 3006 Views 0 comment Print

ACIT Vs M/s Gillanders Arbuthnot & Co. Ltd. (ITAT Kolkata) 1. Expenses on replantation without any expansion of plantation area or replantation in an abandoned area are not capital expenditure Capital expenditure involves an investment increasing the capital for higher profit. The expansion means extension of plantation to an additional area. An area already abandoned, […]

Brand is an intellectual property eligible for depreciation U/s. 32

June 21, 2018 5940 Views 0 comment Print

As per para 7, 8 and 9 of the Accounting Standard 26 (AS 26) issued by the ICAI, the definition of intangible asset and trade mark specifically includes brand names.It was held by the Hon’ble Mumbai Tribunal that brand is an intangible asset eligible for depreciation under Section 32 of the Act.

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