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Repeal of KVAT Act would not affect proceedings initiated by Authorities

March 8, 2018 1374 Views 0 comment Print

Abhay Solvents Private Limited Vs Assistant Commissioner of Commercial (Karnataka High Court) In terms of Section 174(1)(f), it is clear that the repeal of the Act specified in Section 173 shall not affect any proceedings including that relating to an appeal, revision, review or reference, instituted before, on or after the appointed date, under the […]

 No Penalty U/s. 271E on conversion of the loan into equity

March 7, 2018 5871 Views 0 comment Print

The loan received by the assessee was squared off by way of conversion of loan into equity by the assessee through book entries without any physical outflow of funds. It is usual business practice and is part of routine corporate debt restructuring exercise carried out by various banks and financial institutions. Therefore, the said transaction could not be considered to be in violation of section 269T, so as to impose penalty under section 271E.

Service tax does not form part of gross receipts for computation U/s. 44BB

January 29, 2018 1206 Views 0 comment Print

Dy. DIT (IT) Vs weatherford Oil Tools (ME) Ltd. (ITAT Delhi) On Issue relating to the service tax, learned AR placed reliance on the decision of the Hon’ble Jurisdiction High Court in the case of CIT vs Mitchell Drilling International P. Ltd. 380 ITR 130 in support of his contention that the service-tax being statutory […]

Mere low profitability of recipient firm not relevant to apply section 40A(2)(b)

January 29, 2018 2400 Views 0 comment Print

Sharp Designers and Engineers India Pvt. Ltd. (Formerly Khinvasara Investments Pvt. Ltd.) Vs ACIT (ITAT Pune) AO had not brought any comparables from market to make out that the case that impugned payment was excessive or unreasonable within the meaning of section 40A(2)(b) and based his conclusion merely on low profitability of recipient firm was […]

How to view Submitted Applications on GST Portal & open related ARN

January 10, 2018 1446 Views 0 comment Print

A. FAQs on Search for Submitted GST Applications and Open the related ARN Q.1 Can I search for my submitted applications without login on the GST Portal? Ans: No, you cannot search for my submitted applications without login on the GST Portal. Q.2 I am on “My Applications” page. Can I search for all applications […]

GST: FAQs and Manual on Install emSigner

January 9, 2018 4017 Views 0 comment Print

FAQs on Install emSigner Q. 1 What are the pre-requisites for installing the emSigner ? Ans: The pre-requisites for installing the emSigner are provided as below: Windows 32 / 64 bit OS Java 1.6 JRE 1.6.0_38+, Java 1.7, Java 1.8 Windows: Admin access to install the emSigner component Any one of the following ports should […]

Date of Transfer in JDA when assessees merely entitled to a specified constructed space

December 20, 2017 1080 Views 0 comment Print

Atluri Usha Rani Vs Asst. CIT (ITAT Hyderabad) I have carefully considered the rival submissions and perused the record. I have also carefully perused the development agreement-cum-GPA. The said agreement shows that the builders and developers have to bear all the expenditure for preparation of the said plan, obtaining licenses, permissions as well as execution […]

How to View Submitted GST Registration Application

December 9, 2017 8382 Views 0 comment Print

A. FAQs on View Submitted Application Q.1 Where can I access my submitted applications? Ans: You can login to the GST Portal and navigate to Services > User Services > View My Submissions to access your submitted applications. Q.2 What is the difference between a saved application and a submitted application? Ans: A saved application is an incomplete application and it […]

Penalty order u/s 271D & 271E would reckon from date when SCN was issued by AO

November 15, 2017 2829 Views 0 comment Print

Penalty order u/s 271D and 271E would reckon from the date when the show cause notice was issued by the AO and not from the date when the show cause notice was issued by the Joint Commissioner who is competent to pass the penalty orders.

Original Assessment annulled due to failure to issue notice U/s. 143(3)- Reassessment not permissible to rectify the mistake

September 4, 2017 1842 Views 0 comment Print

Where CIT (A) had annulled original scrutiny assessment concluded under section 143(3) on the legal ground that notice issued under section 143(2) was time-barred, then revenue was precluded to adopt recourse of reassessment under section 147 to correct the mistake committed originally in not issuing notice under section 143(2) in time.

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