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CIT may consider an order of AO erroneous if it is a stereo typed order

March 5, 2018 1404 Views 0 comment Print

CIT may consider an order of the AO to be erroneous not only it contains some apparent error of reasoning or of law or of fact on the face of it but also because it is a stereo typed order which simply accepts what the assessee has stated in his return and fails to make enquirers which are called for in the circumstances of the case.

Late fees U/s. 234E cannot be levied for the period prior to 01/06/2015

March 5, 2018 24879 Views 0 comment Print

Dharam Deep Public School Vs. Dy. CIT (ITAT Delhi) Section 200A of the Act deals with processing of statement of tax deducted at source, whereas, section 234E of the Act deals with fee for default in furnishing statements.Iit was held that ‘intimation raising demand prior to 01/06/2015, u/s 200A of the Act, levying fee u/s […]

Allegation of clandestine cannot be made merely on the basis of Shortages noticed during Stock Verification

March 5, 2018 2394 Views 0 comment Print

M/s G.P. Ispat Pvt. Limited Vs CCE&ST ( CESTAT Delhi) We are lead to the conclusion that in the case of the appellant, the demand of Central Excise duty cannot be upheld, since the allegation of clandestine removal has been made only on the basis of alleged shortages noticed during stock verification. In the absence […]

Interest on NPAs of NBFCs not Taxable on Accrual Basis: SC

March 5, 2018 2472 Views 0 comment Print

Hon’ble Supreme Court dismisses a departmental appeal in CIT v. Vasisth Chay Vyapar Ltd and held that the interest income earned by Non-Banking Financial Companies (NBFCs) on non-performing assets (NPAs) should not be taxed on the accrual basis.

No TDS on Commission to Non-Resident paid/payable outside India having no PE in India

March 5, 2018 3069 Views 0 comment Print

Dy. CIT Vs Maan Aluminum Ltd. (ITAT Delhi) The undisputed fact is that the assessee had paid commission to two non-residents on export orders procured by them. It is also undisputed that the nonresident agents did not have any permanent establishment or permanent place in India and the agents operated from outside India. It is […]

Expense on Earning Income from Other Sources only is Allowable u/s 57(iii)

March 5, 2018 4626 Views 0 comment Print

Monarch Commodities Pvt. Ltd. Vs.  DCIT (ITAT Bangalore)  Under section 57(iii) of the Act, only those expenditure are to be allowed which are related to earning of income from other sources. Since the expenditure claimed by the assessee was not incurred to earn income from other sources, the same cannot be allowed. FULL TEXT OF […]

Interest paid to MSME for delayed payment is not allowable

March 5, 2018 102219 Views 2 comments Print

Dy. CIT (LTU) Vs. Bosch Ltd. (ITAT Bangalore) Section 23 of MSMED Act has specifically provided that the interest paid to the Micro, Small & Medium Enterprises on account of delayed payment is not allowable as deduction from income. Section 23 of MSMED Act has specifically prohibited the assessee from claiming the deduction from the […]

No disallowance U/s. 14A in absence of expenditure to earn exempt income

March 5, 2018 2310 Views 0 comment Print

M/s. Varsha Corporation Ltd. Vs. Dy. CIT (ITAT Mumbai) In the case under consideration, in the computation of income,the assessee had not claimed any exempt income. The expenditure claimed by it in the profit and loss account have not been shown to have been incurred for earning any exempt income during the year under consideration. […]

Coal supply by JEL for power generation is deemed supply of goods: AAR

March 5, 2018 3171 Views 0 comment Print

In re JSW Energy Limited (GST AAR Maharashtra) Also Read AAAR Ruling- Conversion of Coal supplied in Electricity is Manufacture not Job work: AAAR Maharashtra FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, MAHARASHTRA M/s. JSW Energy Limited (JEL), the applicant, seeking an advance ruling in respect of the applicability of GST on: 1. […]

Bombay HC Criticizes Advocates for Unethical Conduct and facilitating unethical misadventures of their clients

March 5, 2018 1953 Views 0 comment Print

Certain Advocates have forgotten the code of eithcs. They facilitate the unethical misadventures of their clients, encouraging their clients dishonest practices, causing grave stress to the Judiciary, and bringing the entire judicial system to disrepute.

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