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ITAT refers back matter of ₹ 3.2 Crore addition for Share premium to AO

October 5, 2020 630 Views 0 comment Print

Fabline Engineers Pvt. Ltd. Vs ITO (ITAT Kolkata) This appeal preferred by the assessee is directed against the order of the Ld. CIT (Appeals) – 7, Kolkata dated 28-02-2018 passed ex parte, whereby he dismissed the appeal of the assessee for non-prosecution. 2. The assessee in the present case is a company, which is engaged […]

Payments to church, police station, summits, schools, etc are not CSR expense

October 4, 2020 5949 Views 0 comment Print

Vedanta Ltd. Vs ACIT (ITAT Delhi) At the very outside, the Tribunal in the case of National Small Industries Corporation Limited 175 ITD 601 has held that amendments made to section 37 of the Act vide Finance Act [No. 2] 2014 are prospective in nature and hence would not be applicable to the period prior […]

Notification cannot have retrospective effect unless authorised by statue: SC

October 2, 2020 22380 Views 0 comment Print

Union of India & Ors. Vs M/s G S Chatha Rice Mills & Anr. (Supreme Court) In the context of the Customs Act, and having regard to the Scheme, which, in the case of import duty, consists of filing of Bill of Entry for home consumption, self-assessment and payment of duty on the basis of […]

Reopening not justified when all aspects were examined in original assessment proceedings

October 2, 2020 681 Views 0 comment Print

Nishit Fincap Pvt Ltd. Vs ITO (ITAT Delhi) Query No. 7 is in relation to share capital and share application money received. This means that specific query was raised in respect of share application money and vide reply dated 16.11.2009, the assessee furnished all details as required by the Assessing Officer. Pursuant to the reply […]

MIPL is not a Dependent Agency Permanent Establishment of Mitsui & Co.

October 2, 2020 1503 Views 0 comment Print

Mitsui & Co. Ltd. Vs DDIT (International Taxation) (ITAT Delhi) Since the lower authorities following the orders of the preceding years have held that M/s. Mitsui & Co. Ltd. has been constituted as Dependent Agent PE of the assessee company in India, therefore, following the consistent decisions of the Tribunal in assessee’s own case in […]

CGST Act 2017 Updated till 30th September 2020

October 1, 2020 13077 Views 0 comment Print

THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 (12 OF 2017) AS AMENDED BY THE :- –THE CENTRAL GOODS AND SERVICES TAX (EXTENSION TO JAMMU AND KASHMIR) ACT, 2017 (NO. 26 OF 2017); –THE FINANCE ACT, 2018 (NO. 13 OF 2018); –THE CENTRAL GOODS AND SERVICES TAX (AMENDMENT) ACT, 2018 (NO. 31 OF 2018); –THE […]

Equalisation Levy & widened Scope of Digital Taxation

October 1, 2020 5085 Views 0 comment Print

Equalisation Levy was introduced in 2016 with the intention of taxing the digital transactions on certain non-residents businesses. It aimed at taxing business to business transactions. The levy was applied at a rate of 6% on certain specified services such as online advertisement and any provision for digital advertising space or any other facility or service for the purpose of online advertisement.

Without AFA, an IP is not eligible to undertake assignments: IBBI

October 1, 2020 1194 Views 0 comment Print

one of the essential conditions for undertaking any assignment by an IP is that he should have a valid AFA which is issued by the IPA with which he is enrolled. In other words, without AFA, an IP is not eligible to undertake assignments or conduct various processes thereof after 31st December, 2019. Regulation 7A was […]

AMP expenditure is not an international transaction

October 1, 2020 606 Views 0 comment Print

ACIT Vs Mattel Toys (India) Pvt. Ltd. (ITAT Mumbai) Tribunal in assessee’s own case for the A.Yrs.2008-09 and 2009-10  vide order dated 08/07/2016 already held that AMP expenditure is not an international transaction and hence, no ALP adjustment could be made thereon. Respectfully following the aforesaid decision of this Tribunal in assessee’s own case, we […]

GST not payable under RCM on receipt of services if same is not Import

October 1, 2020 2277 Views 0 comment Print

In re Tokyo Electric Power Company (GST AAR Odisha) We see that the applicant has entered into an agreement with M/s OPTCL, Bhubaneswar, Odisha to provide consulting services. The scope of the services is Technology transfer for the outdoor GIS O&M and GIS operation Manual preparation. The applicant would carry out the services through its […]

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