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GST on free supply of Goods

March 19, 2018 39198 Views 4 comments Print

Festival season is again around the corner, promotional offers would be very common sights in the marketplaces. These promotional schemes are employed as an effective sales strategy to woo the customer for buying their products.

Kerala HC allows Deduction u/s 80-IA to Kannan Devan Plantations

January 4, 2018 2790 Views 0 comment Print

Revenue, has contended that the assessee’s business is not a new industrial undertaking. According to him, the assessee has also miserably failed to establish that it has spent more than 50% of the plant’s book value on any renovation or modernisation.

Demand notice of unpaid operational debt can be issued by a lawyer on behalf of operational creditor: SC

January 3, 2018 8718 Views 0 comment Print

The present appeals raise two important questions which arise under the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the Code). The first question is whether, in relation to an operational debt

CESTAT on Cenvat Credit on towers, portable shelters and accessories

January 3, 2018 1764 Views 0 comment Print

M/s Vodafone Essar Digilink Ltd. Vs. CCE (CESTAT Chandigarh) The appellant is in appeal against the impugned order wherein the cenvat credit on towers, shelters & prefabricated building etc. of Rs. 5,88,13,400/- has been denied. Consequently, the duty was demanded along with interest and equivalent amount of penalty has been imposed. Aggrieved from the said […]

Interest U/s. 234B / 234C cannot be levied for period prior to date of survey on Income declared during Survey

January 2, 2018 3411 Views 0 comment Print

Emem Freight Forwarders Vs Dy. CIT (ITAT Mumbai)  Section 210 of the Act requires the assessee to pay advance tax at his own or in pursuance of the order of the assessing officer on or before each of the due dates specified under section 211 of the Act. In the instant case, the assessment year […]

Acquisition of flat in under construction building should be considered as Construction and not Purchase

January 1, 2018 4023 Views 1 comment Print

Booking of flat in an apartment under construction must also be viewed as a method of constructing residential tenements. Commencement of construction is not relevant for the purpose of sec. 54 and it is only the completion of construction.

Railways not liable to take permission for Advertisement Hoardings erected on its land and also not liable to Advertisement Tax: HC

January 1, 2018 2538 Views 0 comment Print

Railway not require permission of Municipal Corporation for erecting Advertisement Hoarding on its land and Municipal Corporation not entitled to levy advertisement tax on the advertisements displayed on the hoardings erected on the land of the railways

Depreciation on assets allowable to trust despite treatment of same as Income Application : SC

December 31, 2017 26850 Views 0 comment Print

Assessing Officer view in disallowing the depreciation which was claimed under Section 32 of the Act was that once the capital expenditure is treated as application of income for charitable purposes, the assessees had virtually enjoyed a 100 per cent write off of the cost of assets and, therefore, the grant of depreciation would amount to giving double benefit to the assessee.

Depreciation cannot be denied for Breakdown & Technical Snags during Trial runs of Machineries

December 31, 2017 1308 Views 0 comment Print

Once plant commences operation and even if product is substantial and not marketable, the business can said to have been set up. Mere breakdown of machinery or technical snags that may have developed after the trial run which had interrupted the continuation of further production for a period of time cannot be held ground to deprive the assessee of the benefit of depreciation claimed.

Transfer u/s 2(47)(v) in case of Development Agreement completes when complete control over property passed on to developer

December 30, 2017 1614 Views 0 comment Print

Heard the learned counsel appearing for the appellant. The challenge is to the judgement and order passed by the Income Tax Appellate Tribunal, Pune Bench A at Pune (for short Appellate Tribunal) on 30th April, 2014. The substantial questions of law which are placed into service are the questions which reads thus:­

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