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

June 2, 2018 24573 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 510 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 4980 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.

Approach Nodal Officers for GST related grievances: HC

June 2, 2018 3630 Views 0 comment Print

Counsel for Revenue wishes to bring on record copies of Circular No. 39/13/2018-GST dated 03.04.2018 setting up an IT Grievance Redressal Mechanism in form of a Committee.

State Govt. can prescribe documents for goods till e-way bill become applicable: HC

June 2, 2018 840 Views 0 comment Print

Heard Sri Naveen Chandra Gupta, learned counsel for the petitioner, Sri Krishna Agarwal, learned counsel appearing on behalf of respondent no.1 and Sri C.B. Tripathi, learned Special Counsel for the State of U.P.

Section 40A(3) overrides section 145(3) read with section 144

June 2, 2018 5634 Views 0 comment Print

These two appeals, filed by the assessee, being ITA No. 2135/Mum/2013 & I.T.A. No. 4896/Mum/2015 for assessment year 2009- 10 and 2008-09 respectively are directed against two separate appellate orders dated 22.01.2013 and 25-02-2015 respectively passed by learned Commissioner of Income Tax (Appeals)-33

Transfer pricing provisions do not apply to non-genuine or sham transactions

June 2, 2018 3051 Views 0 comment Print

Mitchell Drilling India Private Limited vs. DCIT (ITAT Delhi) It is elementary that the ALP is determined of an `international transaction’, which has been defined in section 92B of the Act. The term `transaction’, for the purposes of the Chapter–X containing transfer pricing provisions, has been defined in clause (v) of section 92F to include an […]

Foreigners also eligible for reward under Benami Transactions Informants Reward Scheme, 2018

June 1, 2018 720 Views 0 comment Print

It was found in many cases that black money was invested in properties in the names of others, even though benefits were enjoyed by the investor concealing his beneficial ownership in his tax returns.

GST revenue collection for May 2018 

June 1, 2018 4452 Views 0 comment Print

The total gross GST revenue collected in the month of May2018 is Rs.  94,016 crore of which CGST is Rs.15,866 crore, SGST is Rs.21,691 crore, IGST is Rs. 49,120crore (including Rs. 24,447 crore collected on imports) and Cess is Rs. 7,339 crore (including Rs.854 crore collected on imports).The total number of GSTR 3B Returns filed for the month of April up to 31st May, 2018 is 62.47 lakh.

Right to avail Cenvat credit at the time of coming out of exemption scheme cannot be curtailed

June 1, 2018 696 Views 0 comment Print

By adopting the principles of harmonious construction and interpretation of rule, I hold that the appellant right to avail the credit at the time of coming out of the exemption scheme cannot be curtailed down by adopting Rule 4(1) of the Cenvat Credit Rules.

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