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ITC of GST on purchase of Mahua/Rice Bran Oil cake used in manufacture of solvent extracted oil

May 25, 2018 2592 Views 0 comment Print

In re Indo Prosoya Foods Pvt. Ltd. (GST AAR Uttar Pradesh) a) Whether Mahua De-oiled cake/ De-oiled Rice Bran being used as an ingredient of Cattle Feed, Poultry Feed and other animal feeds and is ‘Waste generated’ during the Solvent Extraction process? Ans. – Mahua De-oiled cake/ De-oiled Rice Bran is a by-product occurred during […]

No addition for cash deposits when Assessee offered Income u/s 44AE

May 23, 2018 4176 Views 0 comment Print

Bijoy Shribastab & Anr. Vs ITO (ITAT Kolkata) It is not in dispute that the assessee had not maintained books of accounts for his transport business. It is not in dispute that the assessee owns less than 10 vehicles and is accordingly entitled to offer income u/s 44AE of the Act. It is not the […]

Addition cannot be made for Share Capital as undisclosed Income merely on surmises

May 18, 2018 1335 Views 0 comment Print

ACIT Vs Gowthami Chemicals & Pesticides (P) Ltd. (ITAT Visakhapatnam)  In this case, the assessee has furnished the confirmation letters explaining the identity of the shareholder, address and sources of income of the contributor to the share capital along with the evidence for land holdings and copies of IT returns in 4 cases before the […]

Goods detained under GST cannot be released on simple bond: HC

May 15, 2018 1350 Views 0 comment Print

The learned Single Judge ordered release of the vehicle and goods by executing a simple bond. The State challenges the order, since it is passed overlooking Rule 140 of the SGST Rules.

Charitable trust- Set-off of loss of earlier years against current year income is application of Income

April 26, 2018 4797 Views 0 comment Print

Excess expenditure in earlier years can be adjusted against income of subsequent years and such adjustment would be application of income for subsequent years and therefore, AO was directed to allow the claim of assessee.

Repeal of KVAT Act would not affect proceedings initiated by Authorities

March 8, 2018 1755 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 6552 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 1401 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 2574 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 2037 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 […]

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