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Mere wrong claim of depreciation would not invite penalty U/s. 271(1)(c)

May 16, 2018 2751 Views 0 comment Print

A mere making of a wrong, though bona fide claim of depreciation, which is not sustainable in law, by itself will not amount to furnishing inaccurate particulars of income and therefore, such wrong claim will not automatically invite penalty under section 271(1)(c).

GST: Good detained cannot be released unless security equal to Tax amount demanded is furnished

May 15, 2018 915 Views 0 comment Print

Division Bench of this Court has already found that the goods detained under a detention notice issued in terms of the CGST/SGST Act cannot be released unless a security equal to the amount demanded is insisted from the assessee

Goods detained under GST cannot be released on simple bond: HC

May 15, 2018 1179 Views 0 comment Print

The learned Single Judge ordered release of the vehicle and goods by executing a simple bond. The State challenges the order, since it is passed overlooking Rule 140 of the SGST Rules.

GST appeal should not be dismissed for delay if No Appellate Authority constituted

May 14, 2018 1947 Views 0 comment Print

As petitioner could not file appeal earlier because of non-constitution of the Appellate Authority, which has now been appointed vide notification dated April 19, 2018, the appeal filed by the appellant shall not be dismissed only on account of delay.

Addition U/s. 68 for Capital contribution to firm by partner

May 13, 2018 4374 Views 0 comment Print

Pr. CIT Vs. Vaishnodevi Re foils & Solvex (Gujarat High Court) When the assessee has furnished the details with regard to the source of the capital introduced in the firm and the concerned partner had confirmed such contribution, the assessee had duly discharged the onus cast upon it. Thereafter, if the assessing officer was not […]

Re-Assessment notice after 4 years without Approval of CIT or CCIT is Invalid: Delhi HC

May 13, 2018 1878 Views 0 comment Print

1. Whether ITAT was correct in law in holding that the notice issued by the Assessing Officer u/s 148 of the Act beyond the 04 years after the end of relevant assessment year was bad in law as the necessary approval of Chief Commissioner or Commissioner of Income Tax as per the provisions of Section 151 (1) of the Act had not been obtained by the Assessing Officer

Provisions of DTAA prevails over Section 206AA : Delhi High Court

May 13, 2018 4014 Views 1 comment Print

The Delhi High Court, while hearing the writ petition of DANISCO India Private Limited, has read down the provisions of section 206AA of the Income Tax Act, 1961 which mandates deduction of tax at source (TDS) at twenty percent on payments to non-residents since the provision of DTAA would prevail over the said provision.

Mere Voluntary Surrender of Income not absolves assesse from Penalty: Delhi HC

May 13, 2018 1359 Views 0 comment Print

A division bench of the Delhi High Court, last day held that mere voluntary surrender of income without disclosing its source cannot rescue assessee from facing penal consequences under the Income Tax Act.

Margins derived on export of parts to AE are not comparable with margins derived from sales in domestic market

May 13, 2018 591 Views 0 comment Print

Margins derived on export of parts to AE are not comparable with the margins derived from sales made in the domestic market. Besides, on facts, it was also found that not only the parts and finished goods are not comparable, but the class of customers to whom they sold is also different.

Registration U/s. 12A of trust cannot be denied merely because it consists of Urologist Doctors

May 12, 2018 972 Views 0 comment Print

The Chhattisgarh High Court, in the case of Commissioner of Income Tax Central Revenue v. Chhattisgarh Urology Society recently announced that a society consists of urologist doctors eligible for registration under Section 12A of the Income Tax Act.

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