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Amended section 32(2) by Finance Act, 2001 applicable from A.Y. 2002-03 &subsequent years

March 25, 2019 3141 Views 0 comment Print

ACIT Vs Starflex Sealing India (P) Ltd. (ITAT Mumbai) i) Amendment to Sec.32(2) by Finance Act 2001 is applicable from A.Y.2002-03 and subsequent years. Therefore, unabsorbed depreciation from A. Y 97-98 upto A. Y 2001 to got carried forward to the A. Y.2002-03 and become part thereof’, ii) It came to the governed by the […]

No service tax on Construction of Residential Complex Service prior to 01.07.2010

March 25, 2019 2847 Views 0 comment Print

C.C.E & C.S.T.-Bangalore Service Tax Vs Keerthi Estates Pvt. Ltd.(CESTAT Bangalore) We find that the appellant is engaged in the Construction of Residential Complex in terms of the Development Agreements entered with land owners and prospective buyers. The period of dispute is from 16.06.2005 to 31.01.2007. Further we find that an explanation was added for […]

ITC available for tax paid on insurance policies taken under statutory mandate

March 25, 2019 8127 Views 0 comment Print

Tessy Engineers & Enterprises Vs Commissioner of GST & Central Excise (CESTAT Chennai)  The issue is as to whether the appellants are eligible for the credit availed on insurance services. The definition of input service with effect from 01.04.2011 excludes life and health insurance services availed for personal use or for personal consumption of employees. […]

Exemption U/s. 11 cannot be denied merely for Running of bus by School to facilitate transportation of students & staff

March 24, 2019 2331 Views 0 comment Print

Where assessee-school had provided transport facility by charging separate fee, the transportation activity being incidental to achieve the main object of the assessee-trust, i.e., providing education could not be considered as business activity, so as to deny exemption under section 11 because the transport facility was not provided to outsiders and was confined only to the students and staff of the assessee.

No Service Tax on Site Formation & Clearance Services provided as Self-Service before Sale of Land

March 23, 2019 2631 Views 0 comment Print

Hallmark Infrastructure Pvt. Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai) During the adjudication proceedings appellants have contended that the said activities were undertaken before sale of land took place, hence the service was a self-service and there is no service provider and service recipient relationship and therefore they are not liable for […]

HC explains Law on reopening to assess alleged Bogus Capital gains from penny stocks

March 23, 2019 2862 Views 0 comment Print

Purviben Snehalbhai Panchhigar Vs ACIT (Gujarat High Court) In the present case the Assessing Officer has heard the material on record which would prima facie suggest that the assessee had sold number of shares of a company which was found to be indulging in providing bogus claim of long term and short term capital gain. […]

Incidence of CST or sale of goods, occurs where goods are appropriated to contract

March 22, 2019 2922 Views 0 comment Print

Commissioner of Value Added Tax Vs Otis Elevator Company (India) Ltd. (Delhi High Court) The placement of an order by the agent for procurement of the lifts, in this case, was merely an offer. It is only upon its acceptance and further steps taken by the supplier that an offer crystallizes into a binding promise […]

Section 54 not restrict exemption to sale of one residential house

March 20, 2019 2616 Views 0 comment Print

ACIT Vs Mr. Bipin N. Sagar (ITAT Mumbai) Appellant has stated that the transfer is of one residential house. The three adjoining flats were merged and made it one residential house not by the Appellant but by previous owner. The Appellant ever since the date of purchase used it as one residential house. There is […]

HC should not dismiss appeal for delay in filing when similar issue is pending before HC for earlier A.Y

March 19, 2019 675 Views 0 comment Print

Supreme Court allows appeal, criticizes High Court’s technical view on delay. Directs consideration on merits due to pending similar issue in the High Court.

Section 10AA: Loss from eligible units can be set off against normal business income

March 18, 2019 4635 Views 0 comment Print

DCIT Vs Avtec Ltd. (ITAT Delhi) Deduction prescribed under section 10AA cannot be treated in the nature of exemption and as such, loss suffered by assessee in its unit eligible for deduction under section 10AA could be set off against normal business income. Keeping in view the fact that section 10AA makes the assessee eligible […]

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