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Instant Tea Whitener classifiable under Chapter Heading 0402

September 6, 2019 1434 Views 0 comment Print

The product ‘Instant Tea Whitener’ as described in the application will merit classification under Chapter Heading 0402 of the GST Tariff and would be chargeable to GST at applicable rate under the said tariff entry, presently read with Notification No. 01/2017-Central tax (Rate) dated 28.06.2017 (SI. No. 08 of Schedule-I).

Treatment of unabsorbed depreciation available on 1-4- 2002

August 26, 2019 1668 Views 0 comment Print

The Principal Commissioner of Income Tax-1 Vs Ankur Protein Industries Ltd. (Gujarat High Court) Whether the Appellate Tribunal has erred in law and on facts in allowing carry forward of unabsorbed depreciation following Circular No. 14 of 2001 without appreciating that the amendment to the Finance Act was prospective? Current depreciation is deductible in the […]

12% GST applicable on Namkeen’ duly packed & sealed in printed pouches

August 5, 2019 9105 Views 0 comment Print

In re Atul Kumar Rajpal (GST AAR Uttar Pradesh)  (i) What shall be the present applicable CGST & SGST tax rate on their final product i.e., ‘Namkeen’ duly packed & sealed in printed pouches? In respect of question (i) applicable CGST & SGST tax rate on the final product i.e. ‘Namkeen’ duly packed & sealed […]

ALV of unsold units held as stock in trade cannot be taxed under house property

May 18, 2019 1851 Views 0 comment Print

M/s. Shree Balaji Ventures Vs ITO (ITAT Pune) It is apparent that the view point bolstered by the authorities that Annual Letting Value in respect of unsold properties lying with the assessee as a stock in trade, should be determined u/s. 23 of the Act, cannot be countenanced in the hue of the later judgments […]

Commissioner (Appeals) cannot condone delay in appeal filling beyond statutory limit of 3 months

May 8, 2019 5253 Views 0 comment Print

Muktabai Govind Pawar Vs Commissioner of Custom (CESTAT Mumbai) The Customs, Excise, and Service Tax Appellate Tribunal ( CESTAT ) Mumbai bench has held that the Commissioner (Appeals), has no power to condone delay beyond three months under the Finance Act, 1994. The assessee was aggrieved with the order of the Commissioner (Appeals) who dismissed […]

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

May 5, 2019 3057 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 4113 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 2007 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 1350 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 1581 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 […]

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