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Reopening proceedings without communicating reasons for reopening to assessee not valid

May 20, 2018 1959 Views 1 comment Print

Initiation of reopening proceedings without communicating the reasons for reopening to the assessee was not justified.

Delhi HC sets out Principles for launching prosecution U/s. 279 for late deposit of TDS

May 20, 2018 3729 Views 0 comment Print

Indo Arya Central Transport Limited Vs. CIT (Delhi High Court) M/s Indo Arya Central Transport Limited have filed the present writ petition praying for the following reliefs:- “(a) Issue a writ of certiorari setting aside/quashing the impugned order dated 14.03.2017 passed by the Respondent No. 1; (b) Restrain the Respondent No. 1 and the officers […]

No Revision U/s. 264 possible if Assessee Failed to point out mistake apparent on the face of record

May 20, 2018 1275 Views 0 comment Print

Where revision application was filed by assessee, however, assessee had not been able to point out any error, which was apparent on the face of the order but the attempt appeared to be re-arguing the entire matter which is impermissible, accordingly, the review application was dismissed.

No input Tax Credit of Education, SHE & Krishi Kalyan cess under GST

May 19, 2018 10815 Views 0 comment Print

Appellant not eligible to avail input tax credit against unutilised cenvat credit such as Education cess, Secondary & Higher secondary Education cess & Krishi Kalyan cess lying in his books of Accounts.

Interest component has to be excluded while levying penalty U/s. 221(1)

May 19, 2018 3165 Views 0 comment Print

The Revenue has assailed the judgment and order of the Tribunal thereby partly allowing the appeal filed by the Revenue against the judgment and order of the Commissioner (Appeals).

Remuneration to members of HUF for services rendered in business is allowable U/s. 37(1)

May 18, 2018 4941 Views 0 comment Print

The remuneration to the members of the HUF were paid for the services rendered in the business which is allowable U/s. 37(1) and invoking the provisions of Section 184 and Section 40(b) does not arise on the facts of the case at all.

Govt notifies Madhya Prades GST Refund Sanctioning Authorities

May 18, 2018 1302 Views 0 comment Print

Govt notifies GST Refund Sanctioning Authorities under Madhya Pradesh Goods and service tax Act, 2017 vide Order No. 04/2018 dated 18/05/2018 based on amount of refund.

Cash deposit cannot be assessed U/s. 68 when cheque deposits were accepted as business turnover

May 18, 2018 2733 Views 0 comment Print

This is an appeal by Revenue against the order of the Commissioner of Income Tax (Appeals)-Tirupati, dated 31-03-2017, treating the deposits made in the bank account as business turnover, whereas AO was of the opinion that these are unexplained income U/s. 68 of the Act.

Principle of mutuality cannot be denied simply because there are two categories of members as per bye-laws of society

May 18, 2018 3750 Views 0 comment Print

M/s. Sri Sai Datta Mutual Aided Co-operative Credit Society Vs Asst. (ITAT Hyderabad) The AO and CIT(A) have considered the ordinary members and nominal members are different class of members. AO accepts that ordinary members are having mutuality but he denies the same with reference to nominal members. The principle of mutuality cannot be denied […]

Contracts awarded by MMRDA do not qualify for exemption under N/No. 21/2002-Cus.

May 18, 2018 1449 Views 0 comment Print

Learned AR argued that Commissioner (Appeals) has wrongly interpreted Notification No. 21/2002 by construing that Mumbai Metropolitan Regional Development Authority (MMRDA) is a road construction corporation under the control of the State Government.

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