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S.147 Basic condition of ‘reason to believe’ applies even to s.143(1) intimations

May 5, 2019 2505 Views 0 comment Print

Bombay High Court case – Ankita Choksey challenges re-opening notice under Income Tax Act, 1961. Assessing Officer’s jurisdictional challenge discussed.

Income from betting (horse racing) | Taxability | Net Vs. Total Income

April 29, 2019 3573 Views 0 comment Print

Total income of winnings from betting (horse racing) of assessee, instead of net income from betting after deduction of business loss, should be brought to tax at the rate of 40% under section 115BB.

No GST on reimbursement of delayed payment for purchase of securities

April 18, 2019 1620 Views 0 comment Print

In re SPFL Securities Ltd (GST AAAR Uttar Pradesh) The nature of the delayed payment charges are being summarized below for understanding its taxability under the GST law:- Where the client makes delay (i.e. beyond T+1 statutory time limit for payment as per SEBI regulations) in reimbursing the expense (being purchase consideration of the securities […]

ITAT confirms addition for gold jewellery after giving relief as per CBDT Circular

April 17, 2019 1131 Views 0 comment Print

Smt. Archana Agrawal Vs DCIT (ITAT Indore) During the course of search gold jewellery was found and seized from the residence and bank locker owned by the assessee. Gold jewellery weighing 2027 gram was found (1127 gram from residence and 900 gram from locker No.12/29). The assessee was unable to explain the source of the […]

ITAT condones Appeal filing delay due to fault of CA

April 17, 2019 1383 Views 0 comment Print

Akshay Jain Vs DCIT (ITAT Delhi) Appeal of the assessee is barred by limitation by 12 days for which the assessee has filed an application for condonation of delay stating that after receiving of the order of the ld. CIT (A) on 22.03.2018, assessee has duly handed over the same to his Chartered Accountant, Shri […]

GST on manufacture of tooling kit for further manufacture of forgings

April 16, 2019 732 Views 0 comment Print

In re Ramkrishna Forgings Limited (GST AAR Jharkhand) Q.1 Whether the manufacture of tooling kit for further manufacture of forgings is to be treated as a separate supply or it may be said that manufacture of tooling kit is only incidental to the ultimate supply of forgings. Hence, the supply is only that of the […]

Bogus Purchase: ITAT held addition of 3% of GP as reasonable

April 8, 2019 3126 Views 0 comment Print

ACIT Vs Shri Akshay Rajesh Samdariya (ITAT Pune) The solitary issue raised in the appeal by the Revenue and Cross objections by the assessee is against addition deleted/confirmed on account of bogus purchases. The Assessing Officer in re-assessment proceedings made addition of Rs. 2,78,55,984/- as bogus purchases purportedly made by the assessee. In first appeal […]

‘Month’ for TDS Default penalty means 30 Days, not British Calendar Month

April 2, 2019 5658 Views 0 comment Print

E.I. DuPont India P. Ltd. Vs DCIT (ITAT Delhi) AO had taken the month to be the British calendar month as defined in Section 3(35) of the General Clauses Act and it is only on that premise, he calculated one day in March and two days in May as two full months and calculated interest […]

Service Tax on an individual or a proprietor or a proprietorship concern under BAS

April 1, 2019 3648 Views 0 comment Print

M/s Arti Adhvariya & Co. Vs C.S.T. (CESTAT Ahmedabad) We find that there is no dispute that the appellant is an individual NRI in USA. During the relevant period this Tribunal has given various judgments wherein it was held that an individual and / or proprietorship concern is not considered as a commcerial concern, therefore, […]

Provision for warranty based on Turnover is allowable

April 1, 2019 10677 Views 0 comment Print

Grundfos Pumpas India Ltd. Vs DCIT (Madras High Court) The appellate authority, after considering the submissions made by the Assessee as well as the detailed note submitted by the Assessee, held that the provision has been made by the Assessee on a scientific basis and it is an ascertained liability.  Examining the nature of business […]

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