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Gudakhu manufactured for use as tooth paste classifiable under tariff item 2403 9990

June 3, 2019 3168 Views 0 comment Print

In re Arvind Kumar Agrawa (GST AAAR Odisha) In the Customs Tariff, goods of the same class have been grouped together. Also, the residuary items have been provided separately for each class of goods under each chapter. The Notes to the Tariff, giving explanation to the scope and ambit of the respective chapter have statutory […]

Registration U/s. 12AA cannot be denied to trust established to comply CSR obligations

June 2, 2019 2715 Views 0 comment Print

Escorts Skill Development Vs CIT (Exemptions) (ITAT Delhi) Merely because of the fact that the applicant company has been established to comply with the CSR obligations, the registration u/s 12AA of the Act cannot be denied, particularly when CSR activities are also charitable activities as defined under the Act. FULL TEXT OF THE ITAT JUDGMENT […]

Exemption U/s. 54F available on capital gain on sale of depreciable assets

June 2, 2019 4419 Views 0 comment Print

ITO Vs Smt. Jaya Deepak Bhavnani (ITAT Mumbai) Legal fiction created in Section 50 is to deem capital gain as short term capital gain and not to deem an asset as short term capital asset and therefore it cannot be said that Section 50 converts long term capital asset into short term capital asset and […]

Constitute GST Tribunal in Lucknow within 3 months: HC

June 2, 2019 1884 Views 0 comment Print

Oudh Bar Asso. Vs U.O.I. (Allahabad High Court) In the present case, the legislation, namely, GST Act, 2017 has been enacted and has come into force with effect from 01.07.2017. Under the said enactment, various authorities have to be set up, namely, GST Council, and the GST Council was authorised to make recommendations to the […]

Misconduct if a CA indulge in other business without permission

June 1, 2019 12555 Views 0 comment Print

Appellant in this case was actually involved in the business of the company and he formed this company along with his family members in order to venture into a new business apart from the profession of chartered accountancy. The Appellant did indulge in the business without the permission of the Council. He was, therefore, rightly held guilty of professional misconduct by the Board of Discipline.

DCF Valuation method not sustainable in absence of evidence to suitability

June 1, 2019 4467 Views 0 comment Print

Agro Portfolio Private Ltd. Vs ITO (ITAT Delhi) We are unable to accept the contentions of the assessee that in view of the provisions under section 56(2)(viib) of the Act read with Rule 11UA(2) of the Rules the Ld. AO had no jurisdiction to adopt a different method than the one adopted by the assessee, […]

ICAI President’s Message – June 2019

May 31, 2019 1092 Views 0 comment Print

hile UDIN will be made mandatory under 3rd and final phase for all attest and assurance functions from 1st July 2019, in the mid 2nd phase, the number of UDINs generated has crossed the one million mark.

Tribunal to decide appeal on merits irrespective of appearance of Assessee: HC

May 31, 2019 2754 Views 0 comment Print

Smt. Ritha Sabapathy Vs DCIT (Madras High Court) We reiterate that the fact finding Tribunals should not shirk their responsibility to decide the cases on merits because the view and reasons given by such Tribunals are important for the Constitutional Higher Courts to look into while deciding the substantial questions of law under Section 260-A […]

List of Ministers with Department allotted in Modi Government

May 31, 2019 18249 Views 0 comment Print

RASHTRAPATI BHAVAN PRESS COMMUNIQUE The President of India, as advised by the Prime Minister, has directed the allocation of portfolios among the following members of the Union Council of Ministers:- Shri Narendra Modi Prime Minister and also in-charge of: Ministry of Personnel, Public Grievances and Pensions; Department of Atomic Energy; Department of Space; and All […]

Losses claimed cannot be disallowed merely for non-proper appearance in acknowledgment of return

May 31, 2019 2148 Views 1 comment Print

M/s Shree Krishna Vatika Construction Pvt. Ltd. Vs DCIT (ITAT Jaipur) From the record we also found that the assessee had attended the proceedings under the bonafide belief that the losses as claimed (which was same in both returns filed u/s 139(1) and 153A) were duly being assessed by the AO, and this intention of […]

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