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Advance Ruling/Appeal against advance ruling in GST

February 5, 2019 5904 Views 0 comment Print

ADVANCE RULING UNDER GST Who can apply for Advance Ruling under GST Any registered person or any person who is desirous to obtain a registration under GST act. Link for filing Advance Ruling application Go to Website www.gst.gov.in -> Login with correct credentials -> Services -> User Services -> My Applications -> Application Type -> Advance […]

SC directs Rajeev Kumar, CP, Kolkata to appear before CBI (Read Order)

February 5, 2019 1293 Views 0 comment Print

Having heard learned counsels for the parties, we direct Shri Rajeev Kumar, Commissioner of Police (CP), Kolkata to appear and make himself available before the investigating agency, namely, the Central Bureau of Investigation (C.B.I.) and to faithfully cooperate with the investigating agency at all times.

TDS deductible on delayed pay-in-charges payable to sharebroker for making delayed payment

February 4, 2019 4920 Views 0 comment Print

M/s. Shree Ganeshaya Trading Pvt. Ltd. Vs ITO (ITAT Mumbai) Delayed pay-in-charges payable by the assessee to sharebroker for making delayed payment of purchase consideration for purchase of shares is infact „interest‟ within meaning of Section 2(28A) of the 1961 Act and the assessee was required to deduct income-tax at source on such interest of […]

No change in tax rate -No profiteering on supply of ‘Little Star Dhoti 406’

February 4, 2019 894 Views 0 comment Print

Director General Anti-Profiteering Vs M/s Pulimoottill Silks (National Anti-Profiteering Authority) It is clear from the perusal of the facts of the case that there was no reduction in the rate of tax on the Little Star Dhoti 406 (HSN 52081110) w.e.f. 01.07.2017, hence the anti-profiteering provisions contained in Section 171 (1) of the CGST Act, […]

Ad-hoc disallowance without pointing out any defects in books or vouchers not sustainable

February 4, 2019 14157 Views 1 comment Print

ACIT Vs M/s. Modi Rubber Limited (ITAT Delhi) Disallowance had been made on ad-hoc basis without pointing out any defects in assessee books or vouchers maintained for impugned expenses, and, the same was not, therefore, sustainable. FULL TEXT OF THE ITAT JUDGMENT This appeal has been filed by the Revenue against the order dated 20/01/2014 […]

NCLAT rejects Tata plea against late Liberty bid for Bhushan Power

February 4, 2019 2565 Views 0 comment Print

NCLAT held that appeal preferred by ‘Tata Steel Limited’ is premature, uncalled for, in absence of any final decision taken by the Adjudicating Authority under Section 31, this appeal is also not maintainable.

Disallowance U/s. 40(a)(i) cannot be made for non claimed expenses

February 3, 2019 3420 Views 0 comment Print

Delhi Tourism and Transport Development Corporation Ltd. Vs DCIT (ITAT Delhi) It was obvious that if no deduction was claimed, there can be no question of disallowance under section 40(a)(i), therefore, matter was remitted to file of the AO for considering assessee’s claim about not having claimed any deduction for this sum in  computation of […]

No liability to deduct TDS if income not chargeable to tax in the hands of recipient

February 3, 2019 5694 Views 0 comment Print

Zee Entertainment Enterprises Ltd. Vs ITO (ITAT Mumbai) It is undisputed that the Hon’ble Delhi High Court has held that the payment is not taxable in the hands of the recipient. Respectfully following the precedent of the Hon’ble Apex Court in the case of E. Technology Centre Pvt. Ltd. (supra), we are of the considered […]

Capital Gain cannot be treated as bogus on human probabilities, suspicion, conjectures and surmises

February 1, 2019 1905 Views 0 comment Print

CIT(A) has in his order relied upon circumstantial evidence and human probabilities to uphold the findings of the AO. He also relied on the so called rules of suspicious transaction

CBIC rescinds Circular No. 03/01/2019-IGST dated 25th May, 2018

February 1, 2019 3771 Views 0 comment Print

Circular No. 03/01/2019-IGST dated 25th May, 2018 is hereby rescinded. It is requested that suitable trade notices may be issued to publicize the contents of this circular.

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