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Property to be attached only after notice & assessment under GST Law

June 19, 2019 1071 Views 0 comment Print

Cengres Tiles Ltd. Vs State of Gujarat (Gujarat High Court) The Gujarat High Court has held that only after the notice is served under Section 46 of the CGST Act and the assessment is done by the proper officer under Section 62, can the goods and the bank accounts of the taxable person be attached […]

No addition U/s 68 for Normal donation received by trust even if anonymous

June 18, 2019 3261 Views 0 comment Print

Shree Shiv Vankeshawar Educational & Social Welfare Trust Vs ACIT (ITAT Delhi) Admittedly the assessee has received a donation of INR 16265000/– from 1038 individuals and ld CIT (A) has noted that same is credited to the income and expenditure account of the assessee, However ld AO has noted that same is credited as Corpus […]

Lorry Booking Agent not liable to deduct TDS on freight charges

June 18, 2019 4098 Views 0 comment Print

Assessee had incurred only office expenditure and no expenditure relating to transportation of goods such as loading, unloading charge etc., has been debited, we are of the considered opinion that the assessee actually engaged himself not in the transportation business, but only facilitating or arranging transportation for various parties and he is a mere lorry booking agent. We, therefore, are of the opinion that the assessee cannot be held as the person responsible for deduction of tax at source and to the facts of the case the provisions under section 194C of the Act have no application.

Lok Sabha Passes Aadhaar and Other Laws (Amendment) Act, 2019

June 18, 2019 930 Views 0 comment Print

The Lok Sabha on 4th July 2019 passed the Aadhaar (Amendment) Bill 2019, which seeks to replace Ordinance brought by the Centre last March. With over 122 crore Aadhaar numbers having been issued and with the widespread use of Aadhaar as a proof of identity for various purposes by the Government of India, State Governments […]

Extinguishment of rights in capital asset is transfer of capital asset

June 18, 2019 25968 Views 0 comment Print

ACIT Vs Ashwin S. Bhalekar Beamon Chambers (ITAT Mumbai) Claim of the assessee that extinguishment of rights in the capital asset is a transfer of capital asset and  capital gains and consequent allowance of claim of deduction under section 54 of the Act. The facts clearly show that the extinguishment of assessee’s right in Flat […]

Transfer of shares cannot be construed as transfer of assets

June 17, 2019 8256 Views 0 comment Print

M/s. Gillette India Limited Vs Delhi Development Authority (Delhi High Court) It is well settled that shares of a company are a separate asset wholly distinct from the assets held by the company. In the present case, there was dilution of the share capital of TGC as well as transfer of shares held by the […]

Online Database access fee is Business Income, not Royalty or FTS

June 17, 2019 12471 Views 0 comment Print

Elsevier Information Systems GmbH Vs DCIT (ITAT Mumbai) Whether the subscription fee can be treated as fees for technical services. As discussed earlier, it is evident that the assessee has collated data from various journals and articles and put them in a structured manner in the database to make it more user friendly and beneficial […]

Section 276B Prosecution for delay in payment of TDS; Late deposit not absolve accused

June 17, 2019 43326 Views 0 comment Print

ITO vs. Firoz Abdul Gafar Nadiadwala (ACMM) t is well established that accused committed alleged offence. Before authority, he also remain absent. Not any application for compounding the offence is filed. It appears that there is culpable mental state of the accused for non depositing of TDS amount within time therefore, he is liable for […]

Section 80G approval cannot be rejected on the ground that society is not engaged in charitable activities

June 16, 2019 4182 Views 0 comment Print

Shiv Raj Sharma Shiksha Samiti Bilaspur Vs CIT (ITAT Lucknow) It is well settled position of law that at the time of granting approval under Section 80G of the Act, what is to be examined is the object of the trust and so far as the aspect of income is concerned, the same can be […]

Non Filing of Income Tax Return | Offence under Section 276CC

June 16, 2019 16821 Views 0 comment Print

Offence under section 276CC stood committed upon the non-filing of return under section 142(1) within the prescribed time limit. Hence, no case was made out for discharge of assessee.

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