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TDS return filing delay due to sudden resignation of Accountant constitute Sufficient Cause

June 12, 2019 1956 Views 0 comment Print

Sudip Roy Choudhury Vs JCIT (TDS) (ITAT Kolkata) in the present case, the assessee deducted the TDS and deposited the same. Even there was no failure to submit return in Form 26Q. There was only failure for its timely submission – which by all counts is a technical breach. Further the delay had happened due […]

Penalty sustained if Charge for initiation of penalty & charge while levying was same

June 11, 2019 1347 Views 0 comment Print

Shri Harish Chand Narang Vs ACIT (ITAT Jaipur) The sum and substance of above decision is that the nature of specification of charge by the A.O. at the stage of initiation of penalty proceedings at the time of issue of notice U/s 274 read with Section 271(1)(c) of the Act and at the time of […]

Revisionary jurisdiction cannot be exercised against Void order

June 10, 2019 1389 Views 0 comment Print

Pioneer Distilleries Limited Vs Pr. CIT (ITAT Pune) In the present set of facts where the Commissioner himself has given a finding that the re-assessment proceedings have not been correctly carried out against the assessee and the Assessing Officer has failed to fulfill his obligation, then under such circumstances where, he has also held that […]

ITAT Member Selection Board can evolve its own procedure

June 10, 2019 4503 Views 0 comment Print

Puneet Sharma Vs Union of India & Ors. (Delhi High Court) 649 applications were received by Department of Legal Affairs’ circular dated 06th July, 2018 for 37 members (Judicial/Accountant) in ITAT. Considering the huge number of applications received for the above-mentioned posts, the interim Search-cum-Selection Committee deemed it fit to conjointly read Section 252 of the […]

Deity is a juristic person & have status of individual for taxation

June 10, 2019 5298 Views 0 comment Print

Vijaya Durga Devi Trust Vs DCIT (ITAT Pune) It is an undisputed fact that the trust has been created in the year 1968 and as per the trust deed, the entire income is to be used for the upkeep of Deity. It is also an undisputed fact that the Deity is the sole beneficiary of […]

Instrument Cluster is covered under HSN 8708 as parts of motor vehicle

June 10, 2019 10902 Views 0 comment Print

In re Imperial Motor Stores (GST AAR Maharashtra) Undisputed facts of the present case is that the applicant supply ‘clusters’ in which several instruments are clustered. Thus, there is no supply of individual instrument. We agree with the contention of the jurisdiction officer that Electronic cluster is the distinct product having distinct name, use from […]

Online / Offline tendering is Supply of Goods & Services

June 10, 2019 21279 Views 0 comment Print

In re Navi Mumbai Municipal Corporation (GST AAR Maharashtra) Q. 1. Whether online tendering to be considered as Supply of Goods or Supply of Services. Ans: Online tendering will be considered as Supply of Services, Q 2. Whether offline tendering to be considered as Supply of Goods or Supply of Services. Ans: Offline tendering in […]

AO not justified in treating capital gain as unexplained cash credit Where assessee proved genuineness

June 9, 2019 2142 Views 0 comment Print

CIT Vs Maheshchandra G Vakil (Gujarat High Court) HC held that Where assessee proved genuineness of share transactions by contract notes for sale and purchase, bank statement of broker, demat account showing transfer in and out of shares, as also abstract of transactions furnished by stock exchange, Assessing Officer was not justified in treating capital […]

Palm oil fruit is a fruit and entitled for GTA Exemption

June 7, 2019 1620 Views 0 comment Print

M/s Nava Bharat Agro Products Ltd Vs Commissioner of Customs, Central Excise & Service Tax (CESTAT Hyderabad) The main issue to be adjudicated is whether palm oil fruit is a fruit entitled for the exemption of Notification No. 33/2004-ST dated 03.12.2004. Apparently, notification is silent about any definition or the classification of fruit and all […]

Notional Rent cannot be taxed on Non-Habitable House

June 7, 2019 2130 Views 0 comment Print

Shri Basant Kumar Nahata Vs ACIT (ITAT Kolkata) It is noted that a house property was inherited by the assessee in his native village situated at Rajasthan which was duly shown in his Balance Sheet. Since the assessee has residential house at Kolkata, the AO invoked sec. 22 and 23 of the Act, estimated the […]

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