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Interest on FDRs taxable as Income from Other Sources unless Assessee proves business nexus

December 9, 2020 1296 Views 0 comment Print

Quippo Telecom Infrastructure Pvt. Ltd Vs ACIT (ITAT Delhi) Ground number five of the appeal of treating the interest income from fixed deposit receipts of Rs. 2982000/- as income from other sources, we also do not find any infirmity in the order of the lower authorities as assessee has merely placed fixed deposits with the […]

AO not recorded satisfaction- Section 14A disallowance invalid

December 9, 2020 1344 Views 0 comment Print

Where AO did not record any satisfaction with regard to genuineness of the claim of the assessee before invoking the powers under section 14A read with rule 8D, disallowance was invalid because recording of satisfaction by AO is sine qua non for invocation of power under section 14A read with rule 8D

Profiteering Allegation against ‘Signature Global’ not established: NAA

December 9, 2020 2247 Views 0 comment Print

Devroop Guha Vs Signature Global (India) Pvt. Ltd. (NAA) Perusal of the record reveals that the Respondent had got Affordable Housing ‘The Millenia 37D’ project approved under the Haryana Affordable Housing Policy and allotted flats to the successful buyers on 27.10.2017 through draw of lots He invited applications for allotment of houses via advertisement in […]

ITAT deletes addition for amount received from Mauritius entity towards issue of Shares

December 9, 2020 1314 Views 0 comment Print

Usekiwi Infolabs Private Limited Vs ITO (ITAT Delhi) The facts clearly shows that assessee has got an investment from Kstart LLC, Mauritius as a contribution towards issue of 20,000 compulsorily convertible preference shares having face value of ₹ 10 each at a premium of ₹ 827.50 per share. For this proposition the bank account of […]

DGAP to reinvestigate alleged profiteering by Dra Aadithya Projects Pvt. Ltd.

December 9, 2020 771 Views 0 comment Print

Hussain Shoaib Kothalia Vs Dra Aadithya Projects Pvt. Ltd. (NAA) 1. The present Report dated 26.03.2020 has been received from the Applicant No. 3 i.e. the Director General of Anti-Profiteering (DGAP) after detailed investigation under Rule 129 (6) of the Central Goods & Service Tax (CGST) Rules, 2017. The brief facts of the case are […]

Faulty decision-making process adopted while passing impugned order cannot be sustained

December 9, 2020 1008 Views 0 comment Print

Tvl. Bmw India Private Limited Vs Deputy Commissioner (CT) (Madras High Court) High Court held that the faulty decision-making process adopted while passing the impugned order cannot be sustained. Learned Government Advocate appearing for the Respondents, on instructions, states that the enquiry for personal hearing would be held on 21.12.2020 and the Petitioner may appear […]

Depreciation on multi-functional printer with xerox Feature

December 9, 2020 9021 Views 0 comment Print

Dimple Vishal Agrawal  Vs ITO (ITAT Ahmedabad) ITAT held that assessee is entitled for depreciation at the rate of 60% of xerox machine WV-5745. The simple reason is that the ld.CI(A) failed to comprehend true nature of this asset. It has been treated as photo-state machine without going through literature of the machine supplied by […]

No Service Tax on commission from foreign companies in convertible foreign exchange

December 8, 2020 3309 Views 0 comment Print

Wintech Taparia Ltd. Vs Commissioner of Customs (CESTAT Delhi) The appellant has not contended that it is not rendering a service under the category BAS. What is, however, contended by the appellant is that the services rendered by the appellant qualify as export of service under the 2005 Rules and, therefore, the appellant would not […]

Winners of GST-n-You Contest, 2020 on Benefits of GST held by GSTN

December 8, 2020 2190 Views 0 comment Print

Out of the 223 entries for GST-n-You, the contest which was open from 15th Sept to 15th Oct 2020, a total of 16 participants were adjudged as the winners under three prize categories. Four entries have been selected for the Second prize of Rs 50,000/- each and the winners in this category are Sh. Arun Vijayan of Thiruvananthapuram for his video on ‘Benefits of GST for Taxpayers and Consumers’,

Interest paid in earlier year cannot be used for ALP computation

December 8, 2020 1146 Views 0 comment Print

The exercise of ALP determination has to be undertaken each year separately by considering the facts and circumstances that are relevant and germane to the issue for that particular year.

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