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Validity of Addition based on statement retracted later on by assessee

April 12, 2018 2799 Views 0 comment Print

Once the assessee retracts from the statement given during survey under section 133A then it is the duty of AO to establish beyond any doubt the issues on which the addition in income needs to be made and no addition can be sustained only on the basis of such statement recorded during the survey.

5% GST payable on Royalty to Govt for right to use minerals

April 12, 2018 26580 Views 0 comment Print

In re Pioneer Partners (GST AAR Haryana) The services for the right to use minerals including its exploration and evaluation, as per Sr. No. 257 of the annexure appended to notification no. 11/2017-CT (Rate), dated 28.06.2017 is included in group 99733 under heading 9973. The royalty/dead rent paid/payable to the Government by the applicant is […]

GST on ancillary services (Transfer / Extension / Conversion fees etc.)

April 5, 2018 8088 Views 0 comment Print

Whether the following ancillary services provided are exempt from GST • Transfer Fees – Fees charged for the purpose of transfer of Industrial Plot from one person to another. • Extension Fees – Fees charged for delay in the commencement’ of construction and production. • Conversion Fees – Fees charged for the conversion of leasehold plot into freehold.

Classification under Central Excise Tariff needs to be made after perusing basic technical specifications of vehicles

March 28, 2018 1641 Views 0 comment Print

Man Trucks India Pvt. Ltd. Vs CCE (CESTAT Delhi) After perusing the catalogue of the vehicle, it is fairly obvious that such vehicles manufactured by the appellant are meant to carry loads and capable of off-loading but the same are not machines exclusively meant for off-road use. We have also perused the clarification obtained by […]

TDS U/s. 195 not deductible on Payment of commission to non-resident if No operations of foreign agent carried on in India

February 28, 2018 5589 Views 0 comment Print

Bengal Tea & Fabrics Ltd. Vs Dy. CIT (ITAT Kolkata) ITAT held that when no business operations of commission agent were carried on in India, commission earned by them would be outside the ambit of income ‘deemed to accrue or arise in India’ for the purpose of section 5(2)(b) read with section 9(1)(i) of Income […]

Unsigned reason cannot be treated as reasons recorded

February 28, 2018 1674 Views 0 comment Print

Where AO typed the reasons but not signed the order sheet, there were no reasons recorded for re-opening assessment as required under section 148, therefore, notice issued under section 148 was bad in law, consequently reassessment order was to be annulled.

Order of Chennai High Court in the matter of Use of Trademark ‘ICAI’

February 20, 2018 891 Views 0 comment Print

V. Venkata Siva Kumar Vs Institute of Cost Accountants of India (Madras High Court) The petitioner seeks for a mandamus directing the first respondent to strictly comply with Sec 2(2) of Cost and Works Accountants Act 1959 as amended and desist from encroaching into the domains earmarked for the third respondent (Chartered Accountants) and further […]

Penalty U/s. 271(1)(c) cannot be imposed for non deduction of TDS

February 16, 2018 8592 Views 0 comment Print

Merely because assessee-company had claimed deduction of expenditure without deducting TDS on interest payment, which was not accepted by Revenue, by itself, would not attract the levy of penalty.

Addition justified if creditworthiness of parties & genuineness of transaction not established

January 11, 2018 2199 Views 0 comment Print

Hon’ble High Court held that  addition on account of undisclosed income is sustainable where creditworthiness of parties and genuineness of transaction was not established by assessee.

How to View / Download GST Registration Certificates

January 9, 2018 2412 Views 1 comment Print

FAQs on how to View/ Download GST Registration Certificates Q.1. Can I view or download my Registration Certificate? Ans. The taxpayer can view and/or download various certificates issued by the tax authorities via the GST Portal. Example: Registration Certificate can be downloaded /viewed from the GST Portal at any time. Q.2. In what format will […]

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