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In absence of evidence that transactions were bogus, LTCG declared by assessee cannot be doubted

October 5, 2020 1977 Views 0 comment Print

Dipesh Ramesh Vardhan Vs. DCIT (ITAT Mumbai) The perusal of record would reveal that the assessee purchased certain shares of an entity namely M/s STL as early as September, 2011. The shares were converted into demat form in assessee’s account during the month of March, 2012. The transactions took place through banking channels. The investments […]

Standardization of timeline for listing of securities issued on a private  placement basis under

October 5, 2020 2106 Views 0 comment Print

SEBI has been receiving requests from various market participants for clarification on the time period within which securities issued on private placement basis under SEBI ILDS, SEBI NCPRS, SEBI SDI and SEBI ILDM Regulations need to be listed after completion of allotment.

Addition for Notional annual value of property/part of property held as stock-in-trade

October 5, 2020 1713 Views 0 comment Print

Tata Housing Development Company Ltd vs PCIT (ITAT Mumbai) sub-section (5) to Section 23 has been inserted by the Finance Act, 2017 w.e.f. 01-4-2018, whereby notional annual value of property/part of property held has stock-in-trade has been brought to tax subject to conditions specified in the newly inserted sub-section. The amendment is substantive in nature […]

Notification No. 48/2020-Customs (N.T./CAA/DRI), Dated: 05.10.2020

October 5, 2020 840 Views 0 comment Print

Notification No. 48/2020-Customs (N.T./CAA/DRI), Dated: 05.10.2020 Principal Director General, Revenue Intelligence, hereby appoints officers mentioned in column (5) of the Table below to act as a common adjudicating authority to exercise the powers and discharge the duties conferred or imposed on officers mentioned in column (4) of the said Table in respect of noticees mentioned in column (2) of the said Table for the purpose of adjudication of show cause notices mentioned in column (3) of the said Table, namely:-

ITAT allowed provisions of warranty claimed as expenditure

October 3, 2020 1911 Views 0 comment Print

Demag Delaval Industries Turbomachinery Pvt. Ltd. Vs. ACIT (ITAT Mumbai) The assessee had made provision for warranty of Rs. 2,76,18,000/-which was claimed as expenditure. The same was denied by the Assessing Officer on the ground that it is an unascertained liability and a contingent liability. Learned CIT(A) in principal upheld the action of the Assessing […]

Section 10A/10B deduction eligible on ‘deemed export’ to other STP unit

October 2, 2020 3426 Views 0 comment Print

Preludesys India Ltd. Vs. ACIT (Madras High Court) The first aspect that has to be considered is as to whether the Income Tax Act, 1961 deals with the concept of a ‘deemed export’. This position has been clearly explained by the High Court of Karnataka both in the case of Tata Elxsi Ltd., and in […]

Delhi HC rejects plea challenging 12% Rate of GST on Fabric

October 2, 2020 4962 Views 0 comment Print

Petition requesting to notify the GST rate of 5% for all varieties of fabrics falling under Chapters 50 to 63 of the Customs Tariff in furtherance of the recommendations made by the Goods and Service Tax Council

Provision after due diligence cannot be said to be adhoc provision

October 2, 2020 2382 Views 0 comment Print

DCIT Vs. HDFC Sales Pvt. Ltd. (ITAT Mumbai) Before us the ld. DR for the revenue in his submissions vehemently submitted that the projected estimation of the provisions of expenses is projected purely on estimation and that there is mismatch of projected figures of expenses and the actual expenses incurred on various counts, which we […]

Extended period cannot be invoked in case of revenue neutral situation

October 2, 2020 2964 Views 0 comment Print

Star Alloys & Chemicals Pvt. Ltd. Vs. CCE & ST (CESTAT Delhi) CESTAT has held that in the case of GTA service, CENVAT credit is available, therefore extended period cannot be invoked. Learned Advocate submits that whatever service tax was payable by them on the said GTA services, the same was available as a credit […]

Taking of services of operating cranes not amounts to transfer of right to use

October 1, 2020 3990 Views 0 comment Print

Sanghavi Movers Ltd. Vs. State of Maharashtra (Maharashtra Sales Tax Tribunal, Pune) Maharashtra Sales Tax Tribunal held that taking services of operating cranes from appellant to carry out work does not amount to ‘transfer of right to use’ the cranes. it held as follows:- i. VAT and CST levied by treating the transactions as transfer […]

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