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HC on allowability of deduction U/s. 10A / 10B on Interest Income

October 30, 2017 4146 Views 0 comment Print

CIT Vs. Hewlett Packard Global Soft Ltd (Karnataka High Court) (Full Bench) HC held that assessee was entitled to 100% exemption or deduction under Section 10-A of the Act in respect of the interest income earned by it on the deposits made by it with the Banks in the ordinary course of its business and […]

Exemption U/s. 10A / 10B can be claimed on incidental income from export of goods

October 30, 2017 3801 Views 0 comment Print

Profits of the business of the Undertaking for the purposes of Section 10-A/ 10-B includes the Profits and Gains from export of the articles as well as all other incidental incomes

Goods detained under GST to be released on execution of simple bond

October 27, 2017 2520 Views 0 comment Print

The petitioner is aggrieved with the detention of goods at Exhibit P4. The goods are granite purchased by the petitioner from Tami Nadu and transported to Karamana at Thiruvananthapuram. The petitioner submits that the transport is effected for the purpose of building a residential house; the permit of which is produced at Exhibit P1 and the plan at Exhibit P2

Right to Property is Constitutional / Legal and Human Right

October 26, 2017 21945 Views 0 comment Print

In absence of law prohibiting transfer, no restriction to transfer the land can be directed by respondent No.2 as right to property under Article 300-A of the Constitution of India is not only constitutional or legal right, but it is also human right and a person can be deprived of that right only by authority of law.

Second notice U/S. 148 during pendency of appeal against first notice is invalid

October 25, 2017 3582 Views 0 comment Print

Pushpa Rajawat Vs CIT (Rajasthan High Court) Since, the original proceedings were pending before the Commissioner (Appeals), without entering into the question of jurisdiction of the Sawaimadhopur assessing officer, the fact remains that the adjudicating authority could not have issued second show cause notice under section 148. In that view of the matter, without entering […]

HC allows export against advance license issued prior to GST implementation

October 25, 2017 1116 Views 0 comment Print

Chemico Synthetics Limited V/S. Union Of India & Ors. (Delhi High Court) – HC held that an interim relief can be granted to exporters to continue making duty free imports against Advance Authorization (AA) licenses issued to them prior to 1-7-2017 where period of validity of license remains unexpired, however the same shall be subject to certain conditions as prescribed.

Dept cannot deviate from GST law prescribed for release of detained Goods

October 25, 2017 2217 Views 0 comment Print

Madhu M.B vs The Commercial Tax Officer (Kerala High Court)- It was held that where as the statutory provisions in relation to search, seizure, detention and release thereof is provided under section 129 of CGST Act, 2017, the Department cannot deviate from the said provisions in order to pass an order which is against such provisions contained in the Act.

Seized cash must be adjusted towards advance tax liability on request from Assessee

October 24, 2017 4755 Views 0 comment Print

Circular No. 20/2017 makes clear the intention of the Department not to contest those cases where the assessees had been given the benefit of adjustment of seized cash against the advance tax liability. There cannot be a situation where for those Assessees who have continued to remain in default of payment of advance tax the benefit […]

Limitation of permitting correction of only four characters of PAN in TDS return is not justified

October 23, 2017 2895 Views 0 comment Print

Where on account of an inadvertent error, PAN of the deductee was wrongly mentioned by assessee, in TDS return, AO was not justified in not permitting the assessee to correct PAN of the deductee, putting the limitation of permitting corrections of only four characters. The case was, therefore, remanded.

Interest on loan to bring into Existence a Showroom is Revenue Expenditure

October 22, 2017 1260 Views 0 comment Print

Whether on the facts and in the circumstances of the case the interest paid on money borrowed to bring into existence a show room (according to the revenue an income earning apparatus) is a revenue expenditure?

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