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No GST on reimbursement of delayed payment for purchase of securities

April 18, 2019 1977 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 1323 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 1548 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 1032 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 3363 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 6051 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 4146 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 10941 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 […]

Section 54F not prescribes date of commencement of construction of house property

March 27, 2019 3771 Views 0 comment Print

Tarun Jalali Vs DDIT (ITAT Delhi) Where construction of house was commenced even before the date of transfer of original asset, but it was completed within three years after the date of transfer, deduction under section 54F was admissible. Sub-section 4 of section 54F prescribes appropriation of sale consideration of original asset towards provision of […]

Sale of shares invite capital gain or would be business income, is mixed question of law and facts : HC

March 25, 2019 1302 Views 0 comment Print

Pr. CIT Vs Vernan Pvt. Trust (Bombay High Court) Whether the Assessee is engaged in the business of buying and selling of shares or is a mere investor, would depend on the range of factors. In the present case, the Tribunal has noted the relevant facts and analyzed such facts in proper perspective. To reiterate, […]

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