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Property tax reimbursed to licensor cannot be treated as tax for Section 43B

March 22, 2020 2898 Views 0 comment Print

Property tax levied by the Municipal Authority is a charge on the property. Undisputedly, the licensor is the owner of the property, hence, liable to pay the property tax. That being the case, the amount equivalent to the property tax reimbursed to the licensor cannot be treated as rate, tax, fee, cess, etc., as provided under section 43B(a) of the Act.

Handwritten Serial Number cannot be the reason for denial of ITC

March 20, 2020 1560 Views 0 comment Print

Krupa Trading Company Vs C.C.E. & S.T. (CESTAT Ahmedabad) The short issue involved in the present case is that whether the denial of Cenvat Credit by the Adjudicating Authority for the reason that invoices of input service bear handwritten serial number is correct or otherwise. It is clear from the rules that the invoice should […]

Availment of ineligible drawback & IGST: Search & seizure by DRI justified

March 20, 2020 1068 Views 0 comment Print

The issue under consideration is whether the Search and resultant seizure of documents and record by Director of Revenue Intelligence is justified under Customs Act, 1962?

Bogus Purchase- Addition should be on the basis of GP of assessee

March 19, 2020 1170 Views 0 comment Print

Hon’ble Court has held that the addition has to be made on the basis of GP of the assessee. Accordingly, ITAT set aside the order of CIT(A) and direct the AO to apply a rate of 3% on the bogus purchases.

Interest against House Rent from Children used Jointly allowable

March 19, 2020 675 Views 0 comment Print

We say so as it may well, in view of the joint residence, be that no area (portion) is specified in the rent agreements. The number of family members living jointly; their living requirements – which may not be uniform; fair rental value of the property, etc., are some of the parameters which could be considered for the purpose. The AO shall adjudicate thereon per a speaking order, giving definite reasons for being in disagreement, where so, in whole or in part, with the assessee’s working, within a reasonable time. We decide accordingly. In the result, the assessee’s appeal is partly allowed on the aforesaid terms.

Rent received as per option agreement is taxable as other income

March 19, 2020 1617 Views 0 comment Print

The issue under consideration is that whether the rent received as per the option agreement is chargeable to tax under the head ‘ Income from house property’ or under the head ‘ Income from Other sources’?

Goods cannot be detained for mere Misclassification or Misbranding

March 19, 2020 7662 Views 0 comment Print

Hindustan Coca Cola Pvt. Ltd. Vs Assistant State Tax Officer (Kerala High Court) The petitioner a Private Limited Company engaged in manufacture and supply of fruit-based beverages/drinks registered in State of Kerala under GST Act. According to the petitioner, the product manufactured by them was classified under HSN 2202 9920 under GST and discharging GST […]

Non-filing of return due to Seizure of Document by dept cannot be considered as Wilful

March 18, 2020 690 Views 0 comment Print

The issue under consideration is that the respondent had willfully defaulted in filing a return pursuant to the notices issued under Section 153A of the Act and thus, committed the offence punishable under Section 276CC of the Act.

ITAT grants stay as appellant already paid 20% Tax Demand

March 18, 2020 876 Views 0 comment Print

Assessee needs to seek stay of outstanding demand since his Bank account has been attached by the department. Also he has financial stringency. Attachments to bank accounts withdrawn to enable assessee to pay tax demand.

Service tax & reimbursement of equipment Lost in Hole not forms part of total turnover in computing income u/s 44BB

March 18, 2020 1248 Views 0 comment Print

Service tax component need not be included in the total turnover for the purpose of computing income under section 44BB of the Income Tax Act, 1961. ITAT further held that receipts on account of reimbursement of equipment Lost in Hole will not form  part of gross receipts for the purpose of section 44BB.

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