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Amendment restricting Section 54 deduction to only one residential house is prospective

March 3, 2021 6507 Views 0 comment Print

Sanjiv Ahuja Vs ITO (International Taxation) (ITAT Delhi)  Deduction u/s 54 is restricted to only one residential house by the Finance Act 2014 is prospective in nature and is effective from assessment year 2015-16 and not retrospective in nature and that deduction u/s 54 of the Act in respect of investment made in one residential […]

No Section 194IA TDS on payment not related to transfer of immovable property

March 2, 2021 2478 Views 0 comment Print

Prestige Estates Projects Ltd. Vs ACIT (ITAT Bangalore) In our opinion, even if it is advance payment, it is not linked to the transfer of immovable property as enumerated in Section 194-IA of the Act, since the condition laid down in Section 2(47)(v) of the Act was not complied with within the meaning of Section […]

Revenue expense with no enduring benefit allowable in the year of incurrence

March 1, 2021 3087 Views 0 comment Print

DCIT Vs Hinduja Leyland Finance Ltd. (ITAT Chennai) In the present case, entire expenditure has been incurred at the beginning of the sanctioning of term loan and also qualifies to be revenue expenditure. Therefore, in our considered view the decision of the Hon’ble Supreme Court in the case of M/s. Taparia Tools Ltd. (supra) is […]

PVC Carpet Mat is applicable to rate of GST at 18% (9% each of CGST & SGST)

March 1, 2021 4734 Views 0 comment Print

In re Soft turf (GST AAAR Kerala) AAAR held that impugned goads viz. PVC carpet Mat would fall in the Customs Tariff heading 3918 and applicable rate of GST would be 18% (9% each of CGST and SGST). However, this order is restricted to the types of PVC floor coverings/Carpet/Mats being manufactured by the Applicant […]

Service Recipient not eligible to obtain GST Advance Ruling

February 26, 2021 474 Views 0 comment Print

In re Chennai Metropolitan Water Supply and Sewerage Board (GST AAR Tamil Nadu) t is seen that the applicant seeks ruling as to whether the services received by them are Pure Services to avail exemption under Sl.No. 3 of Notification No. 12 /2017-C.T.(Rate) dated 28.06.2017. The admissibility of the application was examined during the hearing […]

No SVLDRS benefit if department not quantifies amount during investigation

February 22, 2021 1131 Views 0 comment Print

Karan Singh Vs Designated Committee Sabka Vishwas Legacy Dispute Resolution Scheme and Another (Delhi High Court )  Since quantification has co-relation and is interlinked with tax relief under the scheme, and the Petitioner has not made a voluntary disclosure, but has rather approached for settlement in respect of case under investigation, we find merit in […]

Amount advanced in earlier year and received back in current year cannot be treated as unexplained cash credit

February 22, 2021 2286 Views 0 comment Print

JCIT Vs Radhe Developers (India) Ltd. (ITAT Ahmedabad) In the case on hand, the assessee has received a sum of Rs. 3.59 crore from Shri Kanjibhai Desai which was treated as unexplained cash credit under section 68 of the Act by the AO. However, the learned CIT (A) was pleased to delete the addition made […]

GST Default: Bail condition of payment of 100% of disputed Tax is Harsh: HC

February 22, 2021 1329 Views 0 comment Print

Get insights on the modification of bail conditions in Amit Kumar Kataria Vs State of U.P (Gujarat High Court). Court emphasizes reasonable conditions for bail grants.

AAR rejects application as same issue was already been pending with proper officer

February 22, 2021 594 Views 0 comment Print

In re Vasudeva Dall Products Private Limited (GST AAR Andhra Pradesh) We have examined the issues raised in the application and the submissions of the applicant as well. In the context of the remarks submitted by the jurisdictional officer, we examine the admissibility of the application without going into the merits of the case. In […]

District Court Summons Senior Partner of CA Firm in case of Alleged bribe to Tax Officer

February 18, 2021 2532 Views 0 comment Print

CBI Vs Prithvi Raj Meena (District Court Delhi)  1. Introduction: Complainant Sh. Krishan Kumar is one of the partners of a firm known as M/s Square 9 Inn. Sh. P.R. Meena/Accused No.1 was the Income Tax Officer (ITO) dealing with the ITR of the said firm. Sh. Deepak Aggarwal/Accused No. 2 is a Chartered Accountant […]

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