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Cenvat credit on maintenance charges for common area of business premises

January 15, 2019 1443 Views 0 comment Print

CESTAT Delhi has allowed Cenvat credit on maintenance charges for common area of a business premises taken on rent by assessee. The charges were related to roads, street lights, drainage, etc., provided beyond the manufacturing premises but were charged based on per square meter of business premises occupied.

Guidelines for public issue of units of InvITs – Amendments

January 15, 2019 909 Views 0 comment Print

Neither the merchant bankers(s) nor any associate of the merchant bankers, other than mutual funds sponsored by entities which are associate of the merchant bankers or insurance companies promoted by entities which are associate of the merchant bankers or pension funds of entities which are associate of the merchant bankers or Alternate Investment Funds (AIFs) sponsored by the entities which are associate of the merchant bankers or FPIs other than Category III sponsored by the entities which are associate of the merchant bankers, shall apply under the Anchor Investors category

AO cannot reopen solely based on info received from DIT (Investigation)

January 15, 2019 4350 Views 0 comment Print

PCIT Vs M/s. Shodiman Investments Pvt. Ltd. (Bombay High Court) In this case Assessing Officer has not applied his mind to the information received by him from the DDIT (Inv.). The Assessing Officer has merely issued a re­opening notice on the basis of intimation regarding re­opening notice from the DDIT (Inv.) This is clearly in […]

Reassessment solely based on Audit Objection is barred by Provisions of Section 147/148

January 14, 2019 5172 Views 0 comment Print

FIS Global Business Solutions India Pvt. Ltd. Vs PCIT (Delhi High Court) Reliance by the Revenue upon an audit report, cannot be considered as tangible material. This Court is of the opinion that Carlton Overseas Pvt. Ltd. v. Income Tax officer & Ors., (2009) 318 ITR 295 concludes the issue in the present case; the audit objection […]

Compulsory acquisition vs. voluntary transfer of agricultural land- SC explains

January 14, 2019 3258 Views 0 comment Print

Balakrishnan Vs Union of India & Ors (Supreme Court of India) As far as the acquisition of the land was concerned, assessee had succumbed to the action taken by the Government in this behalf. He was put in such a condition that he knew that his land would be acquired and he could not reiterate […]

Loss on Loan Foreclosure deductible while Computing taxable Income

January 14, 2019 2778 Views 1 comment Print

Maruti Countrywide Auto Financial Services Pvt. Ltd. Appeal: Loss On Foreclosure Of Loan Held To Be Deductible While Computing Its Income

AO cannot assess share premium as income on the ground that it is excessive

January 12, 2019 3168 Views 0 comment Print

M/s. Varsity Education Management Pvt. Ltd. Vs DCIT (ITAT Mumbai) In the instant case, there is no dispute to the fact that the assessee has received the sum of Rs. 1030/- per share as Share Premium. It is the case of the assessing officer is that he will accept the share premium only to the extent […]

Delay in Service Tax payment due to Financial Crunch- CESTAT deletes Penalty

January 12, 2019 1473 Views 0 comment Print

Talentpro India HR Pvt. Ltd Vs Commissioner of Service Tax (CESTAT Chennai) We find that during the personal hearing on 12.2011, the appellants had submitted that delay in payment of service tax was purely due to financial crunch but have paid the service tax with a delay of one month and also paid the interest […]

Interest U/s. 234B cannot be levied on Income of non-resident liable to TDS

January 12, 2019 3879 Views 0 comment Print

Dimension Data Asia Pacific Pte. Ltd. Vs DCIT (ITAT Mumbai) Assessee deriving income from multiple sources can adopt provisions of I.T Act for one source & DTAA for other The Tribunal held that in case of multiple sources of income, an assessee is entitled to adopt the provisions of the Act for one source while applying […]

Indian Medical Council (Amendment) Ordinance, 2019

January 12, 2019 1002 Views 0 comment Print

This Ordinance may be called the Indian Medical Council (Amendment) Ordinance, 2019. The provisions of this Ordinance shall, except sub-clause (i) of clause (c) of section 2, be deemed to have come into force on the 26th day of September, 2018; and

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