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Service tax liability cannot be determined based on mere P&L A/c

April 15, 2018 15369 Views 0 comment Print

The Writ Petitioner prays for a Writ of Certiorari calling for the records of Order-in-Original dated 21.04.2017 passed by the respondent and quashing of the same as arbitrary and illegal.

Limitation period for revision petition U/s. 264 starts from the day assessee receives intimation U/s. 143(1)

April 15, 2018 3411 Views 0 comment Print

The challenge in this writ petition is to an order dated 21stDecember, 2016 passed by the Principal Commissioner of I ncome Tax (PCIT) rejecting the Petitioners application under Section 264 of the Income Tax Act, 1961 (Act) on the ground of limitation.

Mere admission of estimated income made during survey has no evidentiary value

April 15, 2018 2274 Views 0 comment Print

Shri Amod Shivlal Shah Vs ACIT (ITAT Mumbai) Assessments ought not to be based merely on the confession obtained at the time of search and seizure and survey operations, but should be based on the evidences/material gathered during the course of search/survey operations or thereafter, while framing the relevant assessments.

GST Transitional Credit Provision imposing One year limitation is Constitutionally Valid

April 14, 2018 4146 Views 0 comment Print

JCB India Limited Vs Union of India (Bombay High Court) Bombay High Court upheld the Constitutional validity of One Year Limitation for GST Transitional Credit under Section 140(3)(iv) of the CGST Act, 2017. FULL TEXT OF THE HIGH COURT JUDGMENT / ORDER IS AS FOLLOWS:- 1. All these petitions were heard together and are being disposed […]

No penalty on disallowance of Deduction U/s. 54B claimed under a bona fide belief

April 13, 2018 1206 Views 0 comment Print

Where assessee after, investing capital gain in purchase of new agricultural land within prescribed time, harbored a bona fide belief that there was not any tax liability of capital gain and substantiated his explanation with relevant evidence, imposition of penalty under section 271(1)(c) was unjustified.

Addition U/s. 69A not sustainable if based on mere loose sheet found in third person premises

April 13, 2018 5871 Views 0 comment Print

These are appeals filed by the assessee directed against the order of Commissioner (Appeals)-13, Mumbai and order of the Commissioner (Appeals)-14, Mumbai dated 28-1-2016 for the assessment year 2006-07. Since facts are identical and issues are common, these appeals were heard together and are disposed of by this common order, for the sake of convenience.

No service tax leviable on security services provided by police to Banks or for Cricket Matches

April 13, 2018 2670 Views 0 comment Print

Fees collected by the police department is in the nature of fee prescribed for performing statutory function, which has been deposited into the Govt. treasury. In the light of the C.B.E. & C. ‘s circular also, there can be no levy of service tax on such activities carried out by the police department.

Section 292 BB cannot cure delay in issue of Notice U/s. 143 (2)

April 13, 2018 2004 Views 0 comment Print

Hatch Associates India (P) Ltd Vs ACIT (ITAT Delhi) Admittedly, the impugned assessment year before us is A Y 2007 – 08. For that, AY the assessee has filed return of income on 30/10/2007. Notice u/s 143 (2) of The Income Tax Act should have been served on the assessee within 6 months from the […]

Hospital Construction for Charitable Trust is not a Commercial or Industrial Construction

April 13, 2018 6786 Views 0 comment Print

Shri S.S. Gupta, Learned Chartered Accountant, appeared on behalf of the appellant submits that the construction of hospital building does not fall under the ‘commercial or industrial construction service’ for the reason that the hospital building is not used for commerce or industry as the hospital in the present case is run by a charitable trust. For this reason also the charitable trust is not a business or commerce hence the construction thereof does not fall within the definition of commercial or industrial construction service

Guidelines for issuance of debt securities by REITs and InvITs

April 13, 2018 1401 Views 0 comment Print

For issuance of debt securities, REITs/InvITs shall follow provisions of SEBI (Issue and Listing of Debt Securities Regulations), 2008 in the following manner:- 2.1. Regulation 4 (5) and Regulation 16 (1) of SEBI ILDS Regulations, 2008 shall not be applicable for issuance of debt securities by REITs/InvITs.

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