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Addition of Interest on NPA on accrual basis not justified as banks to recognise such income on Cash basis

December 21, 2017 2616 Views 0 comment Print

The Suvikas Peoples’ Co-op. Bank Ltd. Vs. ACIT (ITAT Ahemdabad) Essence the RBI Directions, 1998 are prudential/ provisioning norms issued by RBI under Chapter IlI-B of the RBI Act, 1934. These norms deal essentially with income recognition. They force the NBFCs to disclose the amount of NPA in their financial accounts. They force the NBFCs […]

Assessment made without calling any specific document and and merely for non-furnishing of documents before Enforcement Wing Officials is invalid

December 20, 2017 1308 Views 0 comment Print

The Madras High Court, while quashing an assessment passed under Tamil Nadu Value Added Tax Act (TNVAT), ruled that Assessing Officer, being an Independent Authority, cannot be compelled to follow the direction of the enforcement authority and the court quashed the assessment.

Section 80-IB(10) deduction could not be denied for Genuine delay due to error on Income Tax website

December 20, 2017 1125 Views 0 comment Print

Meera Enterprises Vs. ITO (ITAT Mumbai) The Chartered Accountant had prepared the return along with the necessary annexures on 15-10-2010 but due to heavy pressure on computer server of the Centralized Processing Center (CPC) Income Tax Department, Bangalore, the return filing was slow till 8 p.m. Thereafter the Chartered Accountant tried to upload the income […]

GST: Penalty cannot be imposed for absence of Transit Declaration Form- HC

December 20, 2017 4878 Views 0 comment Print

M/S Ramdev Trading Company And Another Vs. State Of U.P. (Allahabad High Court) Penalty and seizure is not sustainable for movement of goods without Transit Declaration Form (TDF) unless there exists malafide intention to evade taxes. In absence of any allegation or evasion of tax being made against the petitioner at the stage of detention […]

ITAT found conduct of AO in Tax Recovery case of pre-empting it from dealing with Stay application

December 20, 2017 2574 Views 0 comment Print

With this common order we will dispose of the captioned applications of the assessee seeking stay for the recovery of outstanding tax demand for assessment year 2009-10 & 2013-14 respectively.

HC cannot dismiss an appeal without going in merits of the same, which was dismissed by ITAT for non-removal of defects

December 20, 2017 1278 Views 0 comment Print

We are of the considered opinion that this was not a correct approach of the High Court for the simple reason that merely because one authority has followed its own decision in another case and that matter in appeal has been dismissed on technical grounds still the High Court has to decide the question on merits.

Goods detained under CGST/SGST Act to be released on simple bond without sureties

December 20, 2017 1497 Views 0 comment Print

The petitioner the consignor of certain goods has approached this Court against the notice issued by the detaining authority under the CGST/SGST Act. After detention when verification was made, it was found that there was mis-classification as also under valuation.

Search on holding company and assessee name not mentioned in warrant so Assessment U/s. 153A is void ab initio

December 19, 2017 2337 Views 0 comment Print

From the perusal of the provisions of section 153A of the Act that notice under section 153A can only be issued where a search is initiated under section 132 of the Act or books of account or other documents other documents are requisitioned under section 132A after the 31-5-2003.

Self-Assessment Tax paid in excess of Tax Payable is eligible for Interest

December 19, 2017 2739 Views 0 comment Print

whether the assessee, who made a self assessment of tax and paid tax, far in excess of that determined under the regular assessment; is entitled to interest on the refund.

Deduction U/s. 10B can be claimed on export of customized electronic data or legal database

December 19, 2017 1020 Views 0 comment Print

Expression Computer Software is wide enough to embrace diverse activities and to eliminate any doubt the reference can be made to Customized Electronic Data as mentioned in Second Explanation to Section 10B (2) of the Act. Further, CBDT issued notification and the notification relied on in the present case uses the expressions (iii) content development or animation (iv) data processing …. (vii) human resources services” and (ix) legal data-bases

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