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Section 35AB applies to both capital expenditure and revenue expenditure

May 27, 2018 7239 Views 0 comment Print

1. Section 35AB(1) : Obtaining of technical knowhow under a license would also amount to acquiring knowhow 2. Section 35AB: Making of lumpsum payment in 3 installments would not make the payment any less a lumpsum payment 3. Expenditure on knowhow which is used for the purposes of carrying on business would stand covered by Section 35AB of the Act

GST Council not recommended levy of GST on high speed diesel: HC

May 26, 2018 6540 Views 0 comment Print

GST Council has not recommended levy of GST on high speed diesel and same is not notified by the Central Government under Section 9(2) of the Central Goods and Services Tax Act, 2017.

RTI Information seeker cannot resort to penalty proceeding U/s. 20 RTI Act, 2005

May 25, 2018 6156 Views 0 comment Print

It is held that The information seeker is only entitled for damages and cost, if any, as there is no provision in the Act of 2005 for payment of penalty or part thereof recovered from Erring Information Officer to the information seeker and therefore information seeker cannot as a matter of right claim audience in the penalty proceedings which are between the Commission and Erring Information Officer

Amount taxed by Settlement Commission in the hands of directors of assessee company cannot be taxed again in assessee’s hands

May 23, 2018 1521 Views 0 comment Print

These Tax Appeals involved two assessees but the facts being closely similar, the Income Tax Appellate Tribunal had dealt with the departments appeals by a common judgment, which is impugned in these Tax Appeals

Benefit of VCES 2013 cannot be denied for mere Technical Defects

May 23, 2018 1665 Views 0 comment Print

Declaration made by the petitioner under the Voluntary Compliance Encouragement Scheme, 2013 has been rejected in terms of the order impugned in the writ petition on the ground that they have not submitted the amended declaration in accordance with the procedure prescribed in Circular No. 170/5/2013-ST dated 8.8.2013. As per the said circular, in a […]

Reassessment merely on the ground of cash deposit and non-filing of return not possible when return was actually been filed

May 23, 2018 2745 Views 0 comment Print

The assessee’s connection is not correct as the information available with this office that the assessee trust has deposited cash of Rs. 33,97,775/- in the Bank Account. Further, if at all any cash transaction has been done that issue will be examined at the time of re-assessment proceedings. A.O. made satisfaction and recorded reason that I have reason to believe that cash deposited in bank by the trust, ought to have brought to has escaped the assessment within the meaning of section 147 of the I.T. Act.

Wealth Tax on land and building which is not used for business purposes

May 23, 2018 1422 Views 0 comment Print

Writ of prohibition restraining the respondents fromgiving effect to the notices issued for assessment dated 22nd May, 1987, notices for penalty dated 4th August, 1987 and notices for launching of prosecution dated 31st July, 1987 all under the Wealth Tax Act, 1957 (Wealth Tax Act); and

Do expeditious adjudication for release of goods detained under GST

May 23, 2018 843 Views 0 comment Print

Ajith A.R. Vs State Tax Officer (Kerala High Court) Petitioner seeks release of the goods detained by the first respondent under Section 129 of the Central Goods and Services Tax Act as also the Kerala State Goods and Services Tax Act. 2. It is seen that an identical matter has been disposed of by a […]

HC passes Strictures passed against Dept’s Advocate for seeking to reargue settled concluded issues

May 23, 2018 1161 Views 0 comment Print

We are pained to record this most unreasonable attitude on the part of the Advocate for the Revenue of seeking to reargue settled concluded issues, without having obtained any stay from the Apex Court. This results in unnecessary wastage of the scarce judicial time available in the context of the large number of the appeals awaiting consideration.

Section 41(1) cannot be invoked by revenue without showing that such liability had, in fact, ceased to exist

May 23, 2018 1164 Views 0 comment Print

(1) Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was justified in deleting the addition of Rs. 23,04,369 by considering the same to be service tax? (2) Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was justified in deleting the addition of Rs. 53,600 made under section 40(a)(ia) of the Income Tax Act, 1961?

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