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Tribunal cannot modify Limitation laid down in Statute or Notification for Claiming Refund

April 26, 2018 1932 Views 0 comment Print

The appellant is registered with Service Tax Department for rendering Business Auxiliary Services. They filed a refund claim of service tax paid on various services provided by their service providers for export of Indian milling wheat during the months of October, 2012 to December, 2012 in terms of Notification No. 41/2012- ST dated 29.6.2012. Service tax is governed by Chapter V of the Finance Act, 1994, as amended.

Draft Indian Valuation Standard 201: Scope of Work, Analyses and Evaluation

April 26, 2018 4431 Views 0 comment Print

This Standard prescribes the basis for: (a) determining and documenting the scope/terms of a valuation engagement, responsibilities of the valuer and the client; (b) the extent of analyses and evaluations to be carried out by the valuer; and (c) responsibilities of the valuer while relying on the work of other experts.

Draft Indian Valuation Standard 102- Valuation Bases

April 26, 2018 3297 Views 0 comment Print

Following is the Exposure Draft of Valuation Bases issued by the Valuation Standards Board of the Institute of Chartered Accountants of India, for comments.

Fabrication / mounting of bus bodies on chassis supplied by client is composite supply of Goods

April 26, 2018 4623 Views 0 comment Print

The activity of fabrication and fitting and mounting of bus bodies on the chassis supplied by the other party is a composite supply with supply of goods, i.e., bus-bodies, being principal supply (HSN code 8707) and it cannot be treated as Job Work.

HC reminds Bar Council of Its Duties and allowed income tax exemption U/s. 10(23A)

April 26, 2018 3510 Views 0 comment Print

It was held that The State Bar Council of Chhattisgarh is entitled for income tax exemption under Section 10(23A) of the Income Tax Act, 1961 with effect from 1-11-2000 (from the date of constitution of the Council).

Service tax not payable on collection of Maintenance Charges on Actual basis as Reimbursement of expenses incurred

April 25, 2018 3813 Views 1 comment Print

Ld. Advocate submits that the amounts collected from the tenants / lessees would only be in the nature of collection of reimbursable expenses and the ratio laid down by the Hon’ble Apex Court in the case of UOI Vs Intercontinental Technocrafts Pvt. Ltd. – 2018 (10) GSTL 401 (SC) will apply.

Registration U/s. 12AA cannot be denied for non-filing of returns and audited accounts

April 25, 2018 4380 Views 0 comment Print

Section 13 comes into play at the time of granting exemption under section 11 and not at the time of granting registration under section 12AA, therefore, CIT was not justified in denying registration on the ground that assessee trust had not got its account audited and not filed its return of income for preceding years.

Rice mill Lease rentals taxable as Income from other sources

April 25, 2018 2913 Views 0 comment Print

In this case Since the rice mill owned by the assessee was let out to another rice mill and the rental income was received without carrying on any business activity or rendering any services incidental to carrying on the rice mill, therefore, the AO rightly assessed the income under the head ‘Income from other sources’.

Cenvat Credit eligible on sales commission paid to promote Sale

April 25, 2018 2655 Views 0 comment Print

The present appeal is directed against the impugned order dated 13.10.2017 passed by the Commissioner (A) whereby the Commissioner (A) has rejected the appeal of the appellant.

AO cannot ignore sale price declared by assessee without any basis

April 25, 2018 3672 Views 0 comment Print

Flipkart India (P) Ltd. Vs ACIT (ITAT Bangalore) Where the assessee sold goods at loss in order to create market for itself, AO disregarded the loss without any basis and converted the same into income then action of AO was not justified. What can be taxed is only income that accrues or arises as laid […]

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