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No Absolute Exemption to CBI From RTI Act: Delhi HC

September 7, 2017 1410 Views 0 comment Print

The Delhi High Court has directed the CBI to consider the application of an RTI activist seeking information about corruption within the central investigating body and action taken into allegations made by Delhi Chief Minister Arvind Kejriwal of shady probe into the coalgate scam pursuant to a news report.

Service Tax on Merger and Acquisition Services not leviable before 16th July 2001

September 6, 2017 1404 Views 0 comment Print

We are disposing of the above Appeals preferred by the Revenue by this common order and judgment. The above Appeals have challenged the impugned orders passed by the Customs, Excise and Service Tax Appellate Tribunal, Mumbai (for short Appellate Tribunal) dated 3rd February 2016 in Central Excise Appeal No. 3 of 2017 and 11st January 2016 in Central Excise Appeal No. 27 of 2017 respectively.

Original Assessment annulled due to failure to issue notice U/s. 143(3)- Reassessment not permissible to rectify the mistake

September 4, 2017 1842 Views 0 comment Print

Where CIT (A) had annulled original scrutiny assessment concluded under section 143(3) on the legal ground that notice issued under section 143(2) was time-barred, then revenue was precluded to adopt recourse of reassessment under section 147 to correct the mistake committed originally in not issuing notice under section 143(2) in time.

No disallowance U/s. 40A(3) If Income computed by applying gross profit rate

September 4, 2017 1821 Views 0 comment Print

When income of the assessee was computed by applying gross profit rate, there was no need to look into the provisions of section 40A(3), as applying the gross profit rate takes care of expenditure otherwise by way of cross cheque also. Following the same the action of Tribunal could not be held as unjustified.

Gain on sale of agricultural land after conversion into plots not exempt from tax

August 31, 2017 13233 Views 0 comment Print

Synthite Industrial Ltd. Vs CIT (Kerala High Court) Admittedly, the assessee purchased the land which was a rubber estate. The land was purchased to utilize it for the non-agricultural purpose of expansion of its factory. The rubber trees in the land were slaughter tapped which is a process that immediately precedes the cutting and removal […]

No Service Tax on Service by Indian Tour Operators in foreign currency to foreign tourists

August 31, 2017 4029 Views 0 comment Print

Services provided by Indian tour operators to foreign tourists during the period 1st July 2012 to 1st July 2017, which has been paid for in convertible foreign exchange would not be amenable to service tax.

Calcutta HC explains who could be legal representative on death of Assessee

August 30, 2017 4554 Views 0 comment Print

Definition of legal representative given in the Code of Civil Procedure, 1908 is inclusive in character and its scope is wide. It is not confined to legal heirs only. It may be a person who may or may not be the heir, competent to inherit the property of the deceased.

HC directs to issue GST ID/ pass word & registration certificate correctly

August 26, 2017 3639 Views 0 comment Print

The short grievance in this petition is under the GST the petitioner has been registered as sole proprietor in place of a partnership firm. In the short counter affidavit filed on behalf of respondents no. 1 to 4 in paragraph 11 it has been stated that the Joint commissioner (IT) in the office of the […]

HC on Validity of Service of notice by post, in person and then by affixture

August 23, 2017 1344 Views 0 comment Print

Service by post, which had been returned with the endorsement addressee not found, followed by an attempt at personal service and subsequent affixture would constitute substantial compliance of sec­tion 282

Not giving sufficient time to file details is against principles of natural justice: HC

August 23, 2017 1935 Views 0 comment Print

Delhi High Court has held in the case of Systra Sa Project Office Vs Dispute Resolution Panel that action of the DRP in providing only 3 days time to file a long list of documents and later on refusing to take them on record is against principles of natural justice.

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