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Expenditure incurred for day-to-day improvement of existing business is capital expense

April 21, 2018 2772 Views 0 comment Print

The grounds of appeal in ITA No. 1295/Mum/2012 for AY 2000-01 & ITA No. 1296/Mum/2012 for AY 2001-02 are common. In both these appeals the assessee has taken as many as eight grounds of appeal

Loss from share forfeiture is Loss from business if Assessee is a Share Trader

April 21, 2018 1557 Views 0 comment Print

If the assessee has subscribed to the preferential warrants as an investor, then the share application money assumes the character of capital expenditure and the loss incurred by the assessee on forfeiture of the initial payment already made by the assessee is capital in nature. But if the assessee is trading in shares and in the course of such business, if it has incurred loss, it would be revenue expenditure.

Penalty proceedings initiated after 6 months from receipt of Adjudicatory Order is time barred

April 21, 2018 11205 Views 0 comment Print

Salora International Ltd. Vs. CIT (Delhi High Court) A plain and textual reading of Section 275(1A) clarifies that the expiry of six months prescribed is to be reckoned from the date of completion of proceedings or from the end of the month in which the order of the CIT(A) or as the case may be […]

Krishi Kalyan Cess not admissible as Input Tax Credit in GST Regime: AAR

April 20, 2018 3834 Views 0 comment Print

Whether accumulated credit by way of Krishi Kalyan Cess (KKC) as appeared in the Service tax return of Input Service Distributor (ISD) ON June 30, 2017 which is carried forward in the electronic credit ledger maintained by the company under CGST Act 2017, will be considered as admissible input tax-credit?

Subsidy for setting up industries to generate employment not to be adjusted against cost of depreciable assets

April 20, 2018 1671 Views 0 comment Print

Sanghi Industries Ltd. Vs ACIT (ITAT Hyderabad) Only if subsidy or other grant was given to offset the cost of an asset, such payment would be covered by Explanation 10 to section 143(1). In the instant case where subsidy was received as an incentive for setting up industries to generate employment, the mere fact that […]

AAR Ruling on Credit of Uttarakhand VAT Paid on construction material under GST regime

April 20, 2018 2397 Views 1 comment Print

Whether Credit .of Uttarakhand VAT Paid on construction material such as cement, sand, steel etc. held in closing as on 30.06.2017 is allowed to be carried forward as transitional credit as Uttarakhand GST under GST regime

Bihar to Roll Out intra-state e-way Bill WEF April 20th 2018

April 19, 2018 4848 Views 0 comment Print

The e-way bill in respect of movement of goods originating and terminating in the State of Bihar shall not be required to be generated where the consignment value does not exceed Two Lac Rupees.

Income from trust properties has to be assessed in the hands of beneficiaries

April 19, 2018 8706 Views 0 comment Print

The position under section 161(1) of the Act is that a trustee under a trust cannot be assessed on the aggregate income received by it as a single unit. The assessment in the name of the trustee in terms of the sub-section can be made in two ways.

ICRISAT Eligible for Excise Duty refund on petroleum products procured by them

April 19, 2018 1410 Views 0 comment Print

On perusal of records, it transpires that the issue is regarding refund of Central Excise duty paid on various petroleum products which are consumed by the respondent whether it can be refunded or otherwise.

TDS deductible on Commission retained by Airline Operators for Collecting Passenger Service Fee

April 19, 2018 5001 Views 0 comment Print

M/s. Delhi International Tax Airport Pvt. Ltd Vs DCIT (ITAT Bangalore) Once it has been repeatedly held that Airlines Operators are collecting the PSF on behalf of the Airport Authorities/Operators and the PSF is to be paid to the airport authority in terms of the notifications issued by the MOCA at different points of time,the […]

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