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Reopening of assessment merely on Investigation Wing report without independent application of mind was invalid

June 22, 2019 10545 Views 0 comment Print

M/s. Key Components (P) Ltd. Vs ITO (ITAT Delhi) it is clear that there is a total non-application of mind on the part of the A.O. while recording the reasons for reopening of the assessment. He has recorded incorrect amount which escaped assessment. His conclusion was merely based on observations and information received from DIT […]

Payment for ‘bandwith services’ not assessable as ‘royalty’ if assessee has no access to any equipment

June 22, 2019 1032 Views 0 comment Print

As a matter of fact, all infrastructure and process required for provision of bandwith services was always used and under the control of RJIPL, and the same was never given either to the assessee or to any other person availing the said services. We are persuaded to subscribe to the observations of the CIT(A) that as the process involved to provide the bandwith services was not a secret i.e IPR in the process was not owned/registered in the name of RJIPL, but was a standard commercial process that was followed by the industry players, therefore, the same could not be classified as a secret process which would have been required for characterizing the aforesaid payment made by the assessee to RJIPL as royalty under the India-Singapore DTAA.

All about filing of ITR-5 for A.Y. 2019-20

June 22, 2019 23091 Views 1 comment Print

These instructions are guidelines for filling the particulars in Income-tax Return Form-5 for the Assessment Year 2019-20 relating to the Financial Year 2018-19. In case of any doubt, please refer to relevant provisions of the Income-tax Act, 1961 and the Income-tax Rules, 1962. 1. Assessment Year for which this Return Form is applicable This Return […]

Section 244A(1) Interest on refund of excess self-assessment tax

June 21, 2019 12327 Views 0 comment Print

DCIT Vs Savita Oil Technologies Ltd. (ITAT Mumbai) A careful look at sub-section (1) of section 244A would reveal that it has three parts. The first part deals with the entitlement of a person to interest whenever he is due to get a refund from the Department. The second part relates to the method of […]

Agricultural implements used for rubber tapping are exempted from GST

June 21, 2019 3543 Views 0 comment Print

Spout, cup holder and latex collection cup are agricultural implements exclusively used for rubber tapping come under the classification HSN 8201 90 00 other hand tools of the kind used in agricultural, horticulture or forest, As such these items are exempted from GST.

Cervical Pillows is taxable @18% GST

June 21, 2019 6855 Views 0 comment Print

The authorized representative of the applicant was heard, It is pointed out that the ‘Therapeutic Cervical Pillow’ is made up of hypo-allergenic, high quality polyurethane foam with 100% cotton cover. The product is usually used by patients who suffer with cervical spondylitis, cervical sprain headache etc.

Use of brand name and applicability of GST

June 21, 2019 16257 Views 2 comments Print

In re M/s Abad Fisheries Pvt. Ltd (GST AAR Kerala) Whether the frozen seafood sold in packages to institutional customers, without bearing the brand name, is eligible for exemption (NIL rate) under Notification No. 2/2017 (Central Tax Rate / Integrated Tax Rate / State Tax Rate) dtd 28th June, 2017? No. Supply of frozen seafood […]

‘Wet Wipes’ classifiable under 3307 90 90: AAR Tamilnadu

June 21, 2019 3999 Views 0 comment Print

In re K. Suresh (GST AAR Tamilnadu) Advance Ruling is required as to classification of wet wipes and rate of tax on the sales (supply) of the same 1. The product ‘Wet Wipes’ supplied by the applicant is classifiable under 3307 90 90 of the First Schedule to the Customs Tariff Act, 1975 2. The […]

Uniform Allowance to staff not Taxable under Fringe Benefits

June 21, 2019 8241 Views 0 comment Print

Mumtaz Hotels Limited Vs DCIT (ITAT Kolkata) CIT(A) opined that the said clothes were not protective ones and they are not uniforms and not compulsory uniform under the statute. We find that the employees’ uniforms have traditionally been used as a functional necessity. It is noted from the record that the assessee assumed the financial […]

Response to representations against Allocation of Quota for Pulses/Peas

June 21, 2019 594 Views 0 comment Print

DGFT vide Minutes of the meeting dated 12.06.2019 has allocated quota for pulses and peas. However, many applicants whose applications were rejected have represented against the same. The total number of representation received is more than 200.

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