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CIT(A) cannot enhance Assessment without giving section 251(2) notice

September 11, 2020 1752 Views 0 comment Print

Syed Maqsoodulla Vs ITO (ITAT Bangalore)  In the present case also the assessee’s turnover was Rs.9,45,200/- and offered income of Rs.4,84,158/– u/s. 44AD of the I.T. Act. If the AO wants to make any addition, he shall ignore income returned by the assessee and proceed to scrutiny the accounts so as to make any addition. […]

No GST on Scanning of answer sheets for educational institution

September 11, 2020 1284 Views 0 comment Print

In re Datacon Technologies (GST AAR Karnataka) Applicant were awarded a contract by the Bihar School Educational Board (BSEB) vide Work Order No. ST/281/18 DT dated 16.12.2018 for scanning of OMR Flying slip, OMR Marks Foil, OMR attendance sheet, OMR absentee sheet and finalisation of data. In view of the above, the applicant sought Advance […]

Land filling Pit is not a plant & machinery but a civil structure

September 11, 2020 2361 Views 1 comment Print

Civil structure involves engineering work at both levels i.e above and below the ground. We find that the applicant has performed civil work to create the landfill pits below the ground and therefore it is a civil structure.

CESTAT Allowed Refund alongwith Interest against Service Tax Paid for Services Received in SEZ

September 10, 2020 1236 Views 0 comment Print

The issue under consideration is regarding rejection of refund claimed by the appellant being service tax paid for the services received in the SEZ.

HC allows Petitioner to apply to GST Council for filing of GSTR TRAN-1

September 10, 2020 561 Views 0 comment Print

In order to enable the petitioners to avail Tansitional Credit in Electronic Credit Ledger. It was also prayed that the respondents should give effect to Form GST Tran-1 that had been manually submitted to the respondent-department to avail relevant Legitimate Input Tax Credit.

Section 122 penalty cannot be imposed for violation of anti-profiteering provisions

September 10, 2020 1053 Views 0 comment Print

Sh. Saurabh Gahoi Vs. Pinky Sales (NAA) it has been revealed that the Respondent had not passed on the benefit of rate reduction when the rate of GST was reduced from 18% to 5% on foot wear, as per the provisions of Section 171 (1) of the CGST Act, 2017 for the period w.e.f. 27.07.2018 […]

TDS Rate on payment to non resident not having PAN

September 10, 2020 28146 Views 0 comment Print

DCIT Vs. Edgeverse Systems Ltd. (ITAT Bangalore) The question before the special bench was whether the provisions of section 206AA had overriding effect for all other provisions of the Act, whether the assesse has to deduct tax at source at the rates prescribed in section 206AA in case the payees are unable to furnish their […]

Section 50C:  Increase to 10% in variation between stamp duty value & consideration is retrospective

September 9, 2020 23793 Views 0 comment Print

Sri Sandeep Patil Vs. ITO (ITAT Banglore) ITAT held that difference between the value adopted by stamp valuation authority and actual consideration is to be ignored if the same is less than 10%. We also notice that the Parliament has introduced third proviso in section 50C(1) of the Act, as per which the difference in […]

HC denies bail in Rs. 2956 crore Fraud Case

September 4, 2020 936 Views 0 comment Print

Mukesh Tanwar Vs. State of Haryana (Punjab High court) As discussed above, investigation is still going on and out of total 31 accused, 10 are yet to be arrested and they are openly in league with the petitioner as well as other co-accused, who are in custody, while circulating the misleading information through social media […]

Rebooting MSMEs In The Covid 19 ERA

September 4, 2020 2565 Views 0 comment Print

ICAI has come out with a model for sustainability of MSME. MSME Business Continuity Checklist focused on a number of factors that require special attention by the management of MSME which can guide their initiative to face this tough time.

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