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TDS on Common Area Maintenance (CAM) charges deductible under Section 194C

December 13, 2022 3150 Views 0 comment Print

Yum Restaurants India (P) Ltd Vs ACIT (ITAT Delhi) The undisputable fact in this case is that while the lease rentals are paid based on a fixed percentage on the net revenue, the Common Area Maintenance (CAM) charges are based on the per sq. ft. area. The observation of the ld. CIT(A) is that the […]

Non-Communication of Order by Counsel is ‘Reasonable Cause’ to condone Delay In Filing Appeal

December 12, 2022 1179 Views 0 comment Print

Jamna Devi Vs ITO (Rajasthan High Court) The matter comes up for consideration of the application (CMCC No.97/2022) preferred under Section 5 of the Limitation Act on behalf of the appellant-assessee with a prayer to condone the delay of 1060 days caused in filing the present income tax appeal. Learned counsel for the appellant-assessee has […]

Provisional attachment under GST cease to have effect after a period of one year from date of order of attachment

December 12, 2022 588 Views 0 comment Print

The attachment as per Section 83(2) shall cease to have effect after a period of one year from date of order of attachment. Thus, pending writ petition, the impugned order has ceased to have effect, as on 15.09.2020.

Section 80IB(10) deduction eligible on Sale Proceeds of Car Parking Space

December 12, 2022 1302 Views 0 comment Print

Bharat Agri Fert & Realty Ltd Vs ACIT (ITAT Mumbai) It is observed that the assessee company has declared income of Rs. 28,80,000/-on sale of car parking and had claimed deduction on the same under section 80IB (10). The AO had rejected the claim of the assessee on the ground that the income earned by […]

SC Dismisses Petition Challenging Appointment of ITAT Vice Presidents

December 12, 2022 819 Views 0 comment Print

Bar member challenges VP appointments at Income Tax Appellate Tribunal. High Court dismisses quo warranto petition. Legal eligibility affirmed.

Genuine Business Transactions not covered under Section 40A(3)

December 12, 2022 495 Views 0 comment Print

Govind Ramprashad Baheti Vs ITO (ITAT Pune) The assessee admittedly runs Baba Ramdev Krishi Seva Kendra involving primarily rural customers engaged in agricultural activities. And that he carries out his business activities regarding sale of various agricultural products only. There is further no dispute that the recipient herein is also engaged in very line of […]

Reassessment Notice issued In Person instead of Faceless Manner: HC Stays Proceedings

December 12, 2022 1830 Views 0 comment Print

A scheme has been formulated whereunder issuance of notice under Section 148 of the IT Act has to be through automated allocation and in a faceless manner, whereas in the instant case, the aforesaid procedure has not been followed, rather the notice has been issued by a particular person and not in a face less manner.

18% GST on Supply of Mangrove Seeds & Seedlings Plantation Services in Coastal Areas

December 12, 2022 645 Views 0 comment Print

In re Raj Mohan Seshamani (Trade Name- M/s Sustainable Green Initiative), (GST AAAR West Bengal) In the case of Raj Mohan Seshamani, regarding the SAC (Services Accounting Code) and GST (Goods and Services Tax) rate for the outward supply related to mangroves cultivated and nurtured in coastal communities, the following key points were discussed: Background: Raj […]

Answer to question cannot be given in absence of proper details: GST Maharashtra

December 9, 2022 1095 Views 0 comment Print

In re Makarand Vasant Kulkarni (GST Maharashtra) The application was admitted with following directions to the applicant. Applicant to produce invoices, agreements and details to explain exact nature of work/activity being undertaken by the applicant. Applicant to inform exactly to which particular recipients (with details of name and course of details) the applicant provides the […]

Glaze Gels is covered under Chapter 1704 9090

December 9, 2022 1473 Views 0 comment Print

In re Healthy Life Foodtech Private Limited (GST AAR Maharashtra) Question 1: To answer in affirmative or negative that the impugned product GLAZE GELS is classifiable under chapter heading as under: SCHEDULE II — SR. NO 32AA — SUGAR BOILED CONFECTIONERY. 6% MGST Answer: – Answered in the negative. Question 2: If the answer to […]

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