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Legal fees on business activity, which was ultimately abandoned allowable as revenue expense

May 13, 2022 945 Views 0 comment Print

Esteem Finventures Limited (Now Kapedome Enterprises Limited)  Vs ACIT (ITAT Delhi) ITAT is of considered opinion that the ld. CIT(A) has confirmed the addition by stretching too far the rules of prudence. The Ld. AO himself observed in the order that the services engaged were from top most legal professionals. If that was the view […]

State Examination Board eligible to claim GST exemption Notification benefit

May 12, 2022 1539 Views 0 comment Print

In re State Examination Board (GST AAAR Gujarat) (i) The appellant State Examination Board is eligible to claim exemption benefit under Sl. No. 66 (aa) of Notification No.12/2017-Central Tax (Rate) dated 28.06.2017 (as amended from time to time), in respect of services supplied for the exams mentioned at Sr. No. 1 to 12 of the list of […]

Section 54F: Date of allotment will be treated as date of acquisition

May 10, 2022 3615 Views 0 comment Print

ACIT Vs Keyur Hemant Shah (ITAT Mumbai) Upon perusal, the undisputed facts that emerges are that the assessee has acquired the rights in a duplex flat on 1 2th & 1 3th floor front facing the road admeasuring 1961.75 Square Feets & terrace measuring 881.5 Square Feets as per the attached layout plan along with […]

Anti-Profiteering: NAA directs DGAP to enquire 9 Projects of Adhiraj Constructions

May 10, 2022 3600 Views 0 comment Print

Jitendra Kumar Vs Adhiraj Constructions Pvt. Ltd. (NAA) It is observed from the DGAP’s report and documents submitted during the investigation that the instant project (Samyama City Tower 1-D) has received RERA approval for the period 08.01.2018 to 31.03.2023. It is also noted that all bookings have been made after GST was introduced and that […]

DGAP to re-investigate Anti-Profiteering allegation against Nirma Limited

May 10, 2022 1251 Views 0 comment Print

Director General of Anti-Profiteering Vs Nirma Limited (NAA) Brief facts of the case: The present Report dated 15.12.2021 has been received from the Director General of Anti-Profiteering (DGAP) after detailed investigation under Rule 129 of the Central Goods and Services Tax (CGST) Rules, 2017. The brief facts of the case are that a reference was […]

Gujarat Industrial Development Corporation is a Government Entity: AAAR

May 9, 2022 3381 Views 0 comment Print

In re Gujarat Industrial Development Corporation (GST AAAR Gujarat) AAAR held that Gujarat Industrial Development Corporation  does not fall under the category of ‘State Government’ but is covered under the category ‘Government Entity’, Read AAR :- No GST exemption to GIDC on establishment, organisation & development of industries FULL TEXT OF THE ORDER OF APPELLATE […]

No Anti-Profiteering if no pre-GST tax rate or ITC availability: NAA

May 9, 2022 1044 Views 0 comment Print

Sh. Ashish Jain through Sh. Rachit Jain Vs GLS Infraprojects Pvt. Ltd. (NAA) In the present case the draw of lots, allotment of units and receipt of payments had taken place in the post-GST era. The draw of lots for allotment of houses was conducted on 08.08.2017 in the presence of the committee constituted under […]

Anutone Acoustics Guilty of not passing ITC benefit to one of its Customers: NAA

May 9, 2022 1317 Views 0 comment Print

Deshpande Constructions (Prop Shri Sunil V. Deshpande) Vs Anutone Acoustics Ltd. (NAA) The issue to be examined by the Authority is as to whether there was any net benefit of ITC with the introduction of GST. On this issue it has been revealed from the DGAP’s Report that, the Respondent should have reduced the base […]

Corpus donation towards building fund not chargeable to tax

May 9, 2022 3981 Views 0 comment Print

Das Bahuuddeshy Vishwast Sanstha Vs Exemption Ward (ITAT Pune) It is seen as an admitted position that the assessee received a sum of Rs.15.00 lakh from one of its trustees, which amount was spent on building construction of the school. The case of the assessee is that the amount was a corpus donation and hence, […]

AO cannot ignore Audit Report filed during assessment proceedings

May 9, 2022 1878 Views 0 comment Print

Rajesh Mittal Vs ITO (ITAT Dehradun) The only issue pertains to application of provisions u/s 44AD of the Income Tax Act, 1961. The assessee earned income from sale & purchase of derivatives which the AO held that the same should be treated as business income. The assessee has also incurred losses in the derivatives trading […]

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