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Question on Assessment of supplies based on taxability out of purview of AAR

June 7, 2019 978 Views 0 comment Print

In re Cummins Technologies India Private Limited (GST AAR Maharashtra) The applicant has sought clarification in respect of various services rendered by them to their group company situated abroad, as to whether such services being supplied by them for consideration to an overseas group company, the liability to pay tax on the subject supplies can […]

Character of compulsory acquisition not changes merely because sale price was fixed through a negotiated settlement

June 6, 2019 1176 Views 0 comment Print

ITO Vs Smt. Asha Vimala Melpuratharisu Puthen Veedu (Ponnamkulam House) (ITAT Cochin) The assessee’s land in question at Vizhinjam Village was notified for compulsory acquisition by Government of Kerala for developing Vizhinjam International Seaport. Though the acquisition proceedings were taken under the Land Acquisition Act, the final price was fixed upon negotiated sale agreement. The […]

Section 80IC deduction allowable despite 01 day delay in return filing

June 6, 2019 2061 Views 0 comment Print

Where the delay of 1 day in on-line filing of return occurred not due to any negligence of the assessee, rather, the reason for the same was beyond the control of the assessee, therefore matter was remanded back to AO to examine the limited aspect as to whether the assessee, otherwise, was entitled to claim deduction under section 80-IC of the Act and if so found eligible, AO would allow the claim accordingly.

Sec. 54 allowable on gain invested up to due date of filing revised ITR

June 4, 2019 6612 Views 0 comment Print

In the case before us was entitled to claim exemption u/s. 54 to the extent he had invested towards the purchase of the new residential property under consideration upto the date of filing of his revised return of income under Sec. 139(5) i. e. on 15. 11. 2014.

AAR cannot decide on whether member or Non member of Society will be at par

June 4, 2019 1962 Views 0 comment Print

In re Kabra Galaxy Star 3 Co-Op Housing Society (GST AAR Maharashtra) The question asked is, whether members of the society will be at par with the other individual flat owners who are not members. Section 97(2), which encompasses the questions, for the ruling by the AAR does not cover the question raised by the […]

Marketing services under Foreign Immigration Advisor to Consultant Manager constitutes Intermediary services

June 1, 2019 9153 Views 0 comment Print

In re Mayank Jain (GST AAR Maharashtra) Question 1) Whether the Marketing services to he supplied by the Applicant under the Foreign Immigration Advisor to the Consultant Manager constitutes a supply of Support services classified under SAC 99S5 or Intermediary service classifiable under SAC 9961 /9962 or any other heading? Answer :- The services to be […]

18% GST Payable on Plastic handles for motor vehicle doors

June 1, 2019 4467 Views 0 comment Print

In re M/s Nexture Technologies Private Limited (GST AAR Maharashtra) The issue before us is in respect of classification of goods manufactured by the applicant. namely: Plastic handle for motor vehicle doors (including lever handle); Plastic fittings for such for motor vehicle’s doors such as Bracket, Housing, Bracket housing, Gasket, Stator; and Glove box locking. […]

Amount claimed to be received as nominee of deceased friend without supportive documents is taxable

May 31, 2019 8949 Views 1 comment Print

Shri Satyendra Nath Kukreja Vs ITO (ITAT Delhi) AR for the assessee challenging the impugned order passed by ld. CIT (A) contended that since the assessee has received the amount in question as a nominee of Shri Tek Chand Bhardwaj after his death being a childhood friend, the same is not liable to be taxed; […]

Depreciation allowable on Customer Relationship Rights as Goodwill

May 31, 2019 5601 Views 0 comment Print

M/s. Incap Manufacturing Service Pvt. Ltd. Vs DCIT (ITAT Bangalore) The sole disputed issue raised by the assessee in respect of granting of depreciation on Customer Relationship Rights which is in the nature of non-compete fee. We found that the co-ordinate bench of the Tribunal based on the findings of the AO. has observed that […]

No Tax on Consideration received for compulsory acquisition of land & Building

May 31, 2019 5868 Views 0 comment Print

Madaparambil Varkey Varghese Vs ACIT (Kerala High Court) The compensation awarded for the acquisition of land, buildings etc of the petitioner by Kochi Metro Rail Project is Rs.7,54,24,705/-. During the Assessment Year 2016-17 the petitioner has received 80% of the compensation determined through Award dated 30.10.2015. While computing the net taxable income of the petitioner-assessee, […]

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