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Service tax not applicable on sale of statistical data

June 4, 2016 789 Views 0 comment Print

Ms Society of Indian Automobile Vs CST (CESTAT Delhi) So far as demand of service tax on sale of statistical data (statistical service subscription) is concerned we find that the appellant provide various kind of data pertaining to automobile industry after collecting the same from various sources. This data is available to members as well […]

Interest earned by credit Societies on deposit with Banks eligible for sec 80P(2)(a)(i) deduction

June 2, 2016 1056 Views 0 comment Print

Surplus funds not immediately required for day to day banking were kept in Bank deposits. The income earned there from thus would be income from banking business eligible for deduction u/s 80P(2)(a)(i).

Machinery rent cannot be taxed as Income from House Property for TDS deduction under wrong head

January 22, 2016 11580 Views 0 comment Print

AO’s opinion that since TDS made u/s. 194-I, incomes are to be assessed under head ‘income from house property’ can not be accepted. Moreover, even if assessee has let out property but, when the Memorandum of Association permits the business of letting out of properties as such, the income cannot be brought to tax as ‘income from house property’

Notice U/s. 148 issued to legal representative of deceased assessee is legal & valid

November 19, 2015 6819 Views 0 comment Print

In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a direction to the respondents to drop the assessment proceedings initiated against a dead person after his death.

ITAT dismisses appeal on failure to file revised Form No. 36 post amalgamation

October 7, 2015 2406 Views 0 comment Print

Rights and liabilities of erstwhile company were transferred to new company, therefore, it was essential to move an application for filing on record the amended memo of parties and also to file a fresh Form 36, mentioning the amalgamation of the assessee company with new company to peruse appeals in the name of new entity. Since assessee despite directions given by the Bench, failed to file amended Form 36, Bench was left with no option but to dismiss the appeals.

Section 40A(3) not applies to cash payment exceeding Rs. 20000 made to Government controlled electricity distribution company

June 7, 2015 8343 Views 0 comment Print

West Bengal State Electricity Distribution Company Limited (WBSEDCL) is covered by the exception Rule 6DD(b) of the IT Rules and as such no dis allowance under section 40A(3) of the Act can be made. Therefore, the grounds raised by the assessee are allowed.

Sanction for reassessment by JC in a mechanical manner is invalid

October 14, 2014 1944 Views 0 comment Print

In this case Joint Commissioner had acted mechanically in order to discharge his statutory obligation properly in the matter of recording sanction as he merely wrote on the format Yes, I am satisfied which indicated as if he was to sign only on the dotted line, whereas satisfaction has to be with objectivity on objective material. Thus, reopening of assessment was invalid.

No TDS on Reimbursement of Leased Line Expense to Parent Company

September 2, 2014 759 Views 0 comment Print

ITAT Chennai ruling on reimbursement of communication expenses to foreign company and managing sales affairs outside India by International Flavours & Fragrances.

Jewellery as per CBDT instruction may be treated as unexplained investment

September 1, 2014 1836 Views 0 comment Print

Madras High Court upholds assessment of excess gold jewellery as unexplained investment; rejects plea based on Board Instruction dated 11.5.1994.

AAR cannot decide whether a supply is inter-State or intra-State

June 27, 2014 927 Views 0 comment Print

Explore the GST jurisdiction ruling for Fichtner Consulting Engineers in Tamil Nadu. Understand IGST, CGST, and SGST implications for inter-state supply.

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