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GVAT: Section 35 power cannot be exercised after expiry of 5 years

January 29, 2021 2652 Views 0 comment Print

Saurashtra Ferrous Pvt. Ltd. Vs State Tax Officer (Gujarat High Court) It is an admitted fact that the respondents-authorities have not invoked the Section 39 of the GVAT Act, which provides the powers to withhold the refund in certain cases. After considering the facts and circumstances of the case, we are of the view that […]

Receipts inextricably linked to project under implementation are capital receipt

January 29, 2021 939 Views 0 comment Print

Meja Urja Nigam Pvt. Ltd. Vs ITO (ITAT Allahabad) In this case, we have observed that there is a clear finding by ld. Assessing Officer/ld. CIT(A) that earnest money(EMD) given by contractors was forfeited by assessee on account of non completion of work and other miscellaneous recoveries were made from contractors. It is undisputed that […]

HC directs GST Authorities to consider proposal to release Bank account against Immovable Property

January 29, 2021 705 Views 0 comment Print

The present petition inter-alia seeks quashing of the impugned Letters dated 31st December, 2020 whereby Respondents have directed the Bankers of the Petitioner Company to Freeze and/or Provisionally attach the bank accounts of the Petitioner Company

If agent been paid at ALP than existence of DAPE is wholly tax-neutral

January 29, 2021 615 Views 0 comment Print

ADIT Vs Asia Today Limited (ITAT Mumbai) It has not been the case of the revenue authorities at any stage that the remuneration paid to the Indian agent is not an arm’s length remuneration for the services rendered by the agents concerned, yet a prayer is now made that the matter should be sent back […]

GST on Manpower Services payable on Gross Amount

January 29, 2021 50868 Views 1 comment Print

In re KSF-9 Corporate Services Pvt. Ltd. (GST AAR Karnataka) Whether applicant should charge GST @ 18% for providing manpower service only on the services charges or on the total bill amount? The value of the taxable supply of manpower services is the transaction value equivalent to the bill amount which is inclusive of actual […]

Allowability of Interest Expense against Income from Partnership Firm

January 28, 2021 18501 Views 0 comment Print

Shri. Suresh Sreeram Vs ITO (ITAT Bangalore) It is an undisputed fact that in AY 2016-17 the partnership firm incurred heavy losses from its business and was not in a position to pay any interest on capital for the investment. Due to the poor financial condition of the partnership firm, the partners of the firm […]

Anticipatory Bail refused to person allegedly involved in Custom Duty evasion

January 28, 2021 1377 Views 0 comment Print

DRI Vs Vishesh Jain (Patiala House Court) There are specific allegations against the applicant/accused that he is involved in duty evasion of about Rs. 13.0 crores by under valuing the imported white paper. The case of duty evasion on account of under valuation needs a very deep and thorough probe as it is spread across […]

ITAT deletes Addition for 850 gms gold Jewellery held by Joint Family

January 28, 2021 972 Views 0 comment Print

ITAT Bangalore ruling on jewellery dispute. Assessing gold bullion, jewellery values. Assessee vs DCIT case details. Read the full judgment.

Income from Land is Agricultural Income if Basic Agricultural Operations performed

January 28, 2021 987 Views 0 comment Print

Nadeem Mohd. Abdul Vs ITO (ITAT Hyderabad) On a literal reading of Clause (a) of sub-section 1A to Section 2 we find that it refers to any rent or revenue (emphasis supplied by me) derived from land which is situated in India and is used for agricultural purposes. This section does not specify that the […]

No section 80IB(10) deduction to Land owner if no developmental activity by him

January 28, 2021 990 Views 0 comment Print

ITO Vs Anjli Foundations (ITAT Chennai) The undisputed fact in this case is that the assessee is owner of the land. Therefore, for claiming the deduction u/s. 80IB(10), the assessee has to establish that it had undertaken developmental activities which include activities like undertaking the levelling the road and removal of rock surface in the […]

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