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Registration u/s 12AA cannot be refused for non-starting of charitable activities

May 11, 2020 1974 Views 0 comment Print

In the given case the appeal is filed by the assessee society because their application for registration under section 12AA is rejected by the CIT with the reason that the society is a commercial entity engaged in providing medical services on commercial lines and levying huge fee for the same, without any act of charity.

HC not to interfere despite Writ application filed, when order in form GST MOV 11 already been passed

May 11, 2020 918 Views 0 comment Print

Shiv Agro Vs State of Gujarat (Gujarat High Court) For final decision regarding confiscation of goods and conveyance under GST, the applicant has to file statutory appeal under Section 107 of the G.S.T. Act before the appellate authority. Filing writ petition before court will not able to solve the issue since they will not interfere […]

Exemption u/s 54 allowed if purchase amount paid by assessee irrespective of name on agreement of Son

May 8, 2020 2451 Views 0 comment Print

Smt. Subbalakshmi Kurada Vs ACIT (ITAT Bangalore) The issue under consideration is that if the assessee reinvested capital gains in purchase of new residential house in the name of assessee and his son together then whether assessee in entitle to the full amount of exemption u/s 54? As per Section 54, it mandates that the […]

State Govt should take care of all categories of migrant workers: HC

May 8, 2020 669 Views 0 comment Print

Mohammed Arif Jameel Vs Union of India (Karnataka High Court) If there are complaints received by the State that some contractors or employers are confining the migrant workers to their shelters and are not permitting them to go to their respective home States, the State Government will have to attend to such complaints and will […]

Rent income from mall- Income from business or house property?

May 5, 2020 4428 Views 0 comment Print

The issue under consideration is whether tribunal was correct in holding rental income received from Forum Mall should be considered as ‘Income from business’ and not ‘Income from house property’, though agreement between landlord and tenant contemplating relationship of landlord and tenant and as such it would partake character of rental income?

Sabka Vishwas Scheme Benefit can’t be rejected for mistake in Form SVLDRS-1

May 4, 2020 2667 Views 0 comment Print

Issue under consideration is whether rejection of benefit under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 merely for mistake in Form SVLDRS-1 is justified in law?

Section 80IC deduction allowed for service charges based on direct nexus between service rendered & product

May 3, 2020 11850 Views 0 comment Print

The issue under consideration is that whether deduction u/s 80-IC will be allowed against service charges since services rendered were part of business and also involved manufacturing activity?

Section 35(1)(ii) Donation: HC remands matter back to AO to check capacity of Donor

May 1, 2020 2340 Views 0 comment Print

In the given case The appellant made a contribution of Rs.1,00,000/- during the year, to M/s.Herbicure Healthcare Bio-herbal Research Foundation, Calcutta. The institution was approved to get the contributions under Section 35(1)(ii) of the Income Tax Act.

Non-Competent Fee is Capital Expenditure, Depreciation not allowable

May 1, 2020 1368 Views 0 comment Print

Hence, the order of Assessing Officer was upheld to the extent that the payment of non-compete fee was a capital expenditure and the assessee was not entitled to claim depreciation u/s 32 of the Act on the said capital expenditure.

ITAT upheld addition of 12.5% of alleged bogus purchases

May 1, 2020 1032 Views 0 comment Print

In the given case, the assessee is engaged in the trading of iron and steel. A.O. has reopened the assessment on getting information regarding assessee taking accommodation purchase bills.

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