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Cost of material supplied free of cost not includible in value of mining services

February 1, 2021 2523 Views 0 comment Print

The issue involved in this appeal is as to whether the value of items supplied free of cost by service recipient to the appellant have to be included in the value of mining services provided by the appellant.

Income Tax searches in Kolkata- Detects Rs. 309 crore concealment income

February 1, 2021 528 Views 0 comment Print

The Income Tax Department carried out search and seizure action on 29.01.2021 on the group based in Kolkata, engaged in the business of manufacturing of iron & steel and tea.

Analysis of SC judgment- Phoenix Arc Private Limited Vs. Spade Financial Services Limited & Ors.

February 1, 2021 5706 Views 1 comment Print

Judgment dated 1st February, 2021 of the Hon’ble Supreme Court of India in the matter of Phoenix Arc Private Limited Vs. Spade Financial Services Limited & Ors. [Civil Appeal No. 2842 of 2020 with Civil Appeal No. 3063 of 2020]

CBDT amends guideline on power of survey under section 133

January 31, 2021 3438 Views 0 comment Print

Any verification or survey u/s 133A of the Act by the TDS charges shall be conducted by its officers. Where the TDS charge is headed by the Pr.CCIT of the region /CCIT (TDS) / jurisdictional CCIT of TDS charge, the verification or survey action shall be approved by the Pr. CCIT of the region / CCIT (TDS) / jurisdictional CCIT of TDS charges, as the case may be and shall be conducted by the officers of the TDS charge.

Gain from Sale of Equity share taxable as capital gain for Lack of regularity & isolated instances

January 29, 2021 1194 Views 0 comment Print

Swatiben Anilbhai Shah Vs DCIT (ITAT Ahmedabad) The solitary issue for adjudication on merits is whether gains arising on sale of certain quantity of shares of a company, namely, Pyramid Siamira Theatre Ltd. (PSTL) by the assessee in the relevant assessment order is required to be taxed under the head ‘capital gains’ as offered by […]

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

January 29, 2021 2967 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 1236 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 987 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 786 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 55755 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 […]

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