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Assam Goods and Services Tax (Amendment) Act, 2018

October 20, 2018 1338 Views 0 comment Print

(1) This Act may be called the Assam Goods and Services Tax (Amendment) Act, 2018. (2) Save as otherwise provided, the provisions of this Act shall come into force on such date as the Government of Assam may, by notification in the Official Gazette, appoint:

Composite supply of materials & erection work is supply of service

October 18, 2018 1503 Views 0 comment Print

The composite supply of works contract as defined at Section 2 of CGST Act ‘2017 and MPGST Act, 2017 is treated as supply of service in terms of serial no.6, Schedule II of CGST Act ‘2017 and MPGST Act, 2017.

SAT quashes Appeal filed by PWC, No Extension to carry out audit

October 17, 2018 1347 Views 0 comment Print

Price Waterhouse & Co. Bangalore LLP Vs SEBI (Securities Appellate Tribunal) 1. By this Miscellaneous Application Applicants / Original Appellants seek extension of the period of interim relief granted by this Appellate Tribunal vide order dated 15.02.2018. By the said order Applicants /Appellants were allowed to continue with the auditing assignments of their existing clients […]

ITAT explains presumption theory that advances to sister concerns are made from own funds

October 16, 2018 1788 Views 0 comment Print

ACIT Vs Janak Global Resources Pvt. Ltd (ITAT Chandigarh) Where sufficient own interest free funds are available with the assessee, the presumption arises that the assessee had utilised those funds for the purpose of making interest free non business advances. Thus in very clear terms the Hon’ble Apex Court in the case of Hero Cycles […]

Penalty U/s. 271(1)(c) justified on income disclosed during survey

October 15, 2018 3672 Views 0 comment Print

Assessee did not disclose income voluntarily but it was disclosed in pursuance to survey conducted under section 133A. Had there not been survey, the assessee would not have offered such undisclosed income, penalty under section 271(1)(c) was correctly levied by AO.

Time limit to claim ITC in a statute not violates right guaranteed under Constitution

October 12, 2018 9153 Views 0 comment Print

ALD Automotive Pvt. Ltd. Vs Commercial Tax Officer (Supreme Court) The input credit is in nature of benefit/ concession extended to dealer under the statutory scheme. The concession can be received by the beneficiary only as per the scheme of the Statute. Reference is made to judgment of this Court in Godrej and Boyce Mfg. […]

Subsidy received under TUF Scheme is Capital Receipt

October 12, 2018 5868 Views 1 comment Print

M/s Deepak Spinners Ltd Vs DCIT (ITAT Kolkata) We note that the issue under consideration whether the subsidy received under TUF scheme is a capital receipt or revenue receipt. The ld. CIT(A) treated it as part of fixed assets and held that said subsidy should be reduced from the cost of fixed assets. Held by […]

Expense can’t be disallowed for Wrong Statement given by truck owner

October 12, 2018 1020 Views 0 comment Print

Shri Anil Khandelwal Vs ITO (ITAT Indor) Once the condition of further proviso of Section 194C(3) of the Act are satisfied, the liability of the payee to deduct tax at source would cease. Examining the facts of the instant appeal we find that the assessee received Form 15I from the truck owner namely Shri Kishorilal Birla […]

Raw Marks & Scaling Records of CA Exam may be given under RTI

October 11, 2018 1332 Views 0 comment Print

Rajat Kumar Mehra Vs CPIO (CIC Delhi) The Commission, after hearing the submissions of both the parties and perusing the records, observes that the appellant has sought his raw marks and scaling record. However, the CPIO vide letter dated 28.07.2017 incorrectly denied the information under Section 8(1)(j) of the RTI Act stating that the answer […]

Exemption U/s. 10(37) valid on Compulsory acquisition of agricultural land though Sale price fixed on negotiated settlement

October 10, 2018 40827 Views 1 comment Print

In the instant case, the entire procedure prescribed under the Land Acquisition Act was followed, only price was fixed upon a negotiated settlement. Therefore, in view of the above judgment of the Hon’ble Apex Court (supra), we hold that the acquisition of the urban agricultural land was a compulsory acquisition and the same would be entitled to the benefit enumerated in section 10(37) of the I.T.Act. It is ordered accordingly.

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