Sponsored
    Follow Us:

HC dismisses Assessment Order passed by AO to defeat VAT Refund

June 11, 2019 6432 Views 3 comments Print

Rockwell Industries Vs Commissioner of Trade & Taxes & Anr. (Delhi High Court) HC held that it appears to us that in the present case the default assessment order has been generated only to defeat the refund claim of the petitioner, which, in any event, ought to have been paid well before the impugned orders […]

Cenvat credit of tax paid on demurrage charges is available

June 11, 2019 1932 Views 0 comment Print

CESTAT Mumbai has held that demurrage was part of handling of import and export shipments of the assessee and therefore Cenvat credit of tax paid on such demurrage charges would be available. The demurrage charges were paid by the C&F service provider on behalf of the assessee and billed to him as out of pocket expenses. The Tribunal also observed that Customs Clearance Service also qualified to be input service covered by Cenvat Rule 2(l).

Consideration for Transfer of copyrighted software cannot be taxed as royalty

June 11, 2019 1326 Views 0 comment Print

Ms. Sandvik Tooling Sverige AB Vs DCIT (ITAT Pune) The assessee is non-resident and was providing software services to Sandvik Asia Ltd. and also was providing IT support services to the said concern. The question which arises in the present appeal is whether the consideration received by assessee from the payer i.e. Sandvik Asia Pvt. […]

Enable filing of rectified TRAN-1 electronically or accept it manually: HC

June 11, 2019 780 Views 0 comment Print

Arora & Co. Vs Union of India & Ors. (Delhi High Court) Senior Standing counsel for GST submits that petitioner was given an opportunity to submit evidence to demonstrate technical glitch for re-considering his request, however, he failed to do so and thus his representation was rejected. He submits that as per GST system logs, […]

Self-occupied property cannot enter into block of depreciable asset

June 10, 2019 3663 Views 0 comment Print

Further it is the claim of the assessee that subsequent to the sale of flat on which depreciation was claimed assessee has purchased a flat the income from which has been offered under the income from house property and that the new flat enters into the block of asset irrespective of the use. When the income from the new flat is being offered as income from house property by no stretch of imagination it can be said that it falls into the block of depreciable assets.

No TDS u/s 194C on Simpliciter payment towards Crane hiring charges

June 10, 2019 11685 Views 0 comment Print

Ms Bhangal Construction Co. Vs ITO (ITAT Jalandhar) Simpliciter payment towards hiring charges of cranes cannot be brought within the sweep of the definition of the term work as envisaged in Sec. 194C of the IT Act. We thus are of the considered view that the lower authorities had erred in concluding that as the […]

Section 14A Disallowance also on Strategic investments

June 9, 2019 4083 Views 0 comment Print

CIT Vs Alpha G. Corp Development Ltd. (Delhi high Court) High Court held that strategic investments have to be considered for disallowance under Section 14A but assessee is entitled to contend that the investments are legacy Investments or one-time investment and that there is in fact no expenditure incurred to earn the tax-free income. FULL […]

Anti-profiteering -Delhi HC stays NAA order

June 8, 2019 3429 Views 0 comment Print

Abbott Healthcare Private Limited & Anr Vs Union of India & Ors. (Delhi High Court) Delhi High Court has stayed the order passed by the National Anti-profiteering Authority wherein NAA had rejected the plea that CGST Section 171 was not applicable to reduction in rate of tax as compared with pre-GST indirect tax regime, and […]

Interest payable on differential duty payable due to retrospective price escalation

June 7, 2019 4383 Views 0 comment Print

M/s. Steel Authority of India Ltd. Vs Commissioner of Central Excise (Supreme Court) Larger Bench of Supreme Court has held that interest for delayed payment of Central Excise duty is liable to be paid on the differential excise duty payable due to retrospective price escala Earlier, doubting the correctness of the Supreme Court decision in […]

NCLAT clarifies NCLT’s Power to Dispense with Meetings of Shareholders & Creditors

June 7, 2019 7752 Views 0 comment Print

DLF Phase–IV Commercial Developers Limited & Others (National Company Law Appellate Tribunal) Indisputably, the proposed scheme of amalgamation between the Holding Company and its Subsidiaries is regulated by provisions of Chapter XV of the Act, Section 230 whereof provides for passing of an order by the Tribunal directing convening of a meeting of the creditors […]

Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031