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Unexplained cash credit U/s. 68 cannot be treated as business income & not eligible for Section 80P Deduction

May 23, 2019 3432 Views 0 comment Print

ITO Vs M/s. Mundela Service Co-operative Bank Ltd. (ITAT Cochin) With regard to non granting of deduction u/s. 80P(2) of the Act, treating the unexplained credits as ‘income from other sources’, this issue was considered by the Jurisdictional High Court in the case of Kerala Sponge Iron Ltd., 79 taxmann.com/379 ITR 330 wherein ‘the income […]

Sec. 139(5) not applies to revised return filed as per NCLT scheme

May 22, 2019 5025 Views 0 comment Print

M/s. Dalmia Power Limited Vs ACIT (Madras High Court) a) The scheme of arrangement and amalgamation approved by the National Company Law Tribunal under Section 391 of the Companies Act gives statutory force to enable the respective petitioners to file the revised returns of income beyond the prescribed period and Section 139(5) of the Income […]

GST not payable on composite supply of health care treatment

May 21, 2019 3927 Views 2 comments Print

In re Terna Public Charitable Trust (GST AAR Maharashtra) Question 1:- Whether the supply of medicines, surgical items, implants, consumables and other allied items provided by the hospital through the hospital owned pharmacy, as well as food, room on rent to the in-patients is part of composite supply of health care treatment; and hence not […]

Addition for capitation fee as unaccounted money not sustainable when assesse proves non-payment of same by him

May 20, 2019 1146 Views 0 comment Print

Sudarshan Kumar Jain Vs DCIT (ITAT Delhi) I find the son of the assessee Dr. Sandeep Jain who appeared before the Assessing Officer had categorically stated that whatever amount has been paid towards admission and donation/capitation fee has been paid by him. He and his wife are doctors since 1996 and have sufficient source to […]

AO should apply his mind while deciding application for stay of demand

May 18, 2019 3438 Views 0 comment Print

Turner General Entertainment Networks India Pvt. Ltd. Vs ITO (Delhi High Court) This Court is of the opinion that the AO had to necessarily apply his/her mind to the application for stay of demand and pass appropriate orders having regard to the extant directions and circulars including the memorandum of 29.02.2016. This in turn meant […]

FOC material supplied by service recipient should be included in gross works contract value

May 18, 2019 2508 Views 0 comment Print

It is also observed that they did not disclose the value of the free supply material in their ST-3 returns. This is not the case where the issue was under litigation or there is any interpretation of law involved for the reason that all the judgments relied upon by the appellant are on different facts and as per the Works Contract Rules, the provision is clear that the material used whether supplied for consideration or otherwise, should be included, therefore there is no ambiguity in the legal provision.

Section 132- No Punishment under GST without Assessment: HC

May 18, 2019 13560 Views 0 comment Print

M/s. Jayachandran Alloys (P) Ltd. Vs Superintendent of GST and Central Excise (Madras High Court) In the present case, the Department does not dispute that action was intended or envisaged in the light of Section 132 of the CGST Act, the counter fairly stating that the provisions of Section 132 of the CGST Act were […]

CBI Arrests An Inspector of Central GST In Bribery Case

May 18, 2019 2040 Views 0 comment Print

The Central Bureau of Investigation has arrested an Inspector, E-way Bill Team-II, Central GST, Noida (Uttar Pradesh) for demanding and accepting a bribe of Rs. 30,000/- from the complainant.

Income from sale of cocoons cannot be regarded as agricultural income

May 17, 2019 5949 Views 0 comment Print

Shri. B. S. Byregowda (HUF) Vs ITO (ITAT Bangalore) Income from sale of cocoons cannot be regarded as agricultural income in view of the decision of the Hon’ble Apex Court in the case of K. Lakshmanan & Co. Vs. CIT (2000) 108 Taxman 167 (SC); wherein it was held that income derived by the assessee […]

Delhi HC restrains I-T dept from taking action Gautam Khaitan

May 17, 2019 730 Views 0 comment Print

Government cannot exercise powers under Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, prior to statute itself coming into force.

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