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ITAT Condones Delay in filing appeal caused by fault of CA/ Counsel

June 25, 2018 4518 Views 0 comment Print

M/s. Midas Polymer Compounds Pvt. Ltd. Vs ACIT (ITAT Cochin) There was a delay of 2819 days in filing the appeal before the Tribunal. The assessee has stated the reasons in the condonation petition accompanied by an affidavit which has been cited in the earlier para. The assessee filed an affidavit explaining the reasons and […]

TP disputes on Comparables & Filter selection are not substantial question of law

June 25, 2018 5589 Views 0 comment Print

In transfer pricing disputes, comparability analysis and use of appropriate filters has been one of the most prevalent issues, especially for captive cost plus remuneration service providers.

No advance ruling as applicant was not supplier or manufacturer of goods

June 15, 2018 477 Views 0 comment Print

In re Ramway Foods Ltd. (GST AAR Uttar Pradesh) Whether the classification  of  Sacks & bags of a kind used for the packing of goods of manmade textiles materials will appropriately  classifiable falling under HSN 63053300 or under 39232990 of GST Tariff? The ruling is not applicable as applicant is a recipient of goods and […]

TDS U/s. 195 not deductible on commission paid to USA based payee

May 31, 2018 2142 Views 0 comment Print

ACIT Vs M/s Calcutta Export Co. (ITAT Kolkata) The Revenue has failed to place on record even a single document throwing light towards the fact that the payee herein has rendered any of its services in India thereby making it liable to be assessed u/s 9 r.w.s 5 of the Act. The assessee’s payee has […]

Deemed dividend U/s. 2(22)(e): Advance in normal course of business

May 30, 2018 2793 Views 0 comment Print

 Since trade advances obtained by assessee from its sister concern were in the nature of commercial transactions, would not fall within the ambit of the word ‘advance’ in section 2(22)(e).

Sec 12A Registration eligible for imparting training to officials involved in criminal justice system

May 9, 2018 876 Views 0 comment Print

CIT (E) Vs M/s The Institute of Correctional Administration (Punjab and Haryana HC) The grievance of the appellant is regarding grant of registration to the respondent under Section 12-A of the Income Tax Act, 1961. The respondent is a society constituted by the Government for imparting training to various officers/officials involved in the criminal justice […]

Bogus Capital Gain- Addition cannot be made merely on assumption that brokers may have done manipulation

April 16, 2018 2430 Views 0 comment Print

Assuming that the brokers may have done some manipulation but the assessee cannot be held liable for the Act of the brokers when the entire transactions have been done through banking channels duly recorded in the Demant accounts with a Government depository and traded on the stock exchange.

Goods not to be be seized if e-way bill generated before seizure order

April 9, 2018 4137 Views 0 comment Print

We have perused the relevant documents, namely, Invoice, Goods receipt, E-way Bills etc., which are enclosed as Annexures to the writ petition and found that the E-way bill under the UPGST Act has been downloaded by the petitioner, much before the detention and seizure of the goods and the vehicle, disclosing all the necessary informations.

HC Grants Interim Relief against Bank Account attachment by GST authorities

March 28, 2018 606 Views 0 comment Print

Remark Flour Mills Pvt. Ltd. Vs State of Gujarat (Gujarat High Court) The petitioners are registered dealers under the Central Goods and Services Tax Act and are engaged in the business of manufacture and supply of wheat flour, meslin flour, cereal flours etc. The GST authorities had conducted a search at the business premises of […]

Mere payment of amount not enough to claim the same as expense

March 22, 2018 1191 Views 0 comment Print

M/s. K.V. Joseph & Sons Engineering Contractors Vs ACIT (ITAT Cochin) In this case the assessee paid Rs. 200 lakhs as an advance payment to Mr. K.J. Paul to carry out sub contract work of road at Edapally, High Court. The plea of the assessee is that it was incurred for the purpose of business. […]

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