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Contribution to EPF & ESI deposited before Income Tax Return filing due date cannot be disallowed

October 23, 2018 12162 Views 0 comment Print

Das & Sons Infracon Pvt. Ltd. Vs DCIT (ITAT Cuttack) amount claimed on payment of PF and ESI having been deposited on or before due date of filing of returns, same could not be disallowed under section 43B or under section 36(1)(va). FULL TEXT OF THE ITAT JUDGMENT This is an appeal filed by the […]

IGST Refund: HC allows modifications in GSTR-1 & GSTR-3B

October 22, 2018 4059 Views 0 comment Print

Star Rays Vs Union of India (Bombay High Court) 1. This petition under Article 226 of the Constitution of India seeks a refund of integrated goods and service tax paid in respect of the goods which have been exported. The refund short is aggregates to an amount of Rs.8.42 crores and covers the period from […]

Industrial gases produced out of major materials supplied is Job Work

October 20, 2018 1377 Views 0 comment Print

The industrial gases are produced out of the major materials or inputs supplied by the applicant. The job worker uses some minor, ancillary goods to complete the process. The application of minor items by the job worker would not detract it being a job work. Therefore the processing undertaken by M/s. Prodair Air Products on the goods belong to the applicant, another registered person qualifies as job work even if it amounts to manufacture.

Assam Goods and Services Tax (Amendment) Act, 2018

October 20, 2018 1482 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 1650 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 1470 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 1944 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 3798 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 9975 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 6504 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 […]

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