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Non-Competent Fee from sale of Business Asset taxable as LTCG

April 6, 2019 672 Views 0 comment Print

Pr. CIT Vs M/s. Monsanto India Ltd. (Bombay High Court) Tribunal recorded that the Non ­Compete Agreement was part of the agreement for the sale of the business. Under this Agreement, the Assessee could be seen to have transferred the right to manufacture the product in question. The Tribunal, therefore, was of the opinion that […]

Cancellation of F Forms issued to Petitioner by dealers: HC Grants interim stay

April 6, 2019 1731 Views 0 comment Print

Sheel Chand Agroils (P) Ltd. Vs Government of NCT of Delhi & Anr. (Delhi High Court) Rule 8A of the CST Delhi Rules makes the issuance of manual forms redundant. All forms now are generated electronically through the website of the DTT and qua particular transactions/suppliers. He accordingly submits that there was no occasion for […]

Deduction U/s. 80IB(10) cannot be denied merely because Assessee developer being not the owner of land

April 6, 2019 819 Views 0 comment Print

Pr. CIT Vs Green Associates (Gujarat High Court) Assessee had claimed deduction in respect to the income arising out of such activity under section 80IB (10) of the Income Tax Act. The Assessing Officer disallowed the claim mainly on the ground that the assessee was not the owner of the land and the approval of […]

Manufacture of herbal product from herbs, manually and with use of small machinery, eligible for deduction u/s 80IA

April 6, 2019 1131 Views 0 comment Print

Deduction u/s 80IA eligible when herbal product is manufactured from herbs, manually and with the use of some chemicals and small machinery.

Disallowance of cash purchase of jewellery u/s 40A(3) justified in case assessee failed to give explanation

April 6, 2019 4314 Views 0 comment Print

Since assessee failed to demonstrate that the conditions of the bid for purchase of gold jewellery required assessee to effect payments in cash and there was no explanation as to what stopped assessee from effecting payments through banking channel, therefore, AO was justified in disallowing the cash purchase of jewellery under section 40A(3).

Addition u/s 68 cannot be made merely because investment was considerably large

April 6, 2019 996 Views 0 comment Print

Merely because the investment was considerably large and as noted, several corporate structures were either created or came into play in routing the investment in the assessee through P5AHIML would not be sufficient to brand the transaction as colourable device.

Prosecution u/s 276B is not controlled either by section 201(1A) or section 221

April 5, 2019 5427 Views 0 comment Print

Onora Hospitality Pvt. Ltd. Vs ACIT (Karnataka High Court) The issue under consideration is whether the prosecution of the petitioners for the offence punishable under section 276B of the Income Tax Act could be sustained without determination of the liability of the petitioners under section 201 of the Act? In the given case, it was […]

Section 12AA registration cannot be denied merely because assessee claimed exemption u/s 10(23C)

April 5, 2019 1512 Views 0 comment Print

CIT (E) Vs M/s Beant College of Engineering & Technology (Punjab and Haryana High Court) The Tribunal while dealing with the objection of the CIT(E) that the assessee had been claiming exemption under Section 10(23C)(iiiad) of the Act and, therefore, should not have filed the application under Section 12AA of the Act, had noticed that […]

Section 45(4) is not applicable on reconstitution of partnership firm

April 5, 2019 15609 Views 0 comment Print

What was given to the retiring partners was money representing the value of their share in the partnership and no capital asset was transferred on the date of retirement. Therefore, no capital gains or profit could arise & section 45(4) had no application.

Commissioner to decide on extending time for filing of revised GST TRAN-1: HC

April 4, 2019 792 Views 0 comment Print

Jai Laxmi Cement Co.(P.) Ltd. Vs Union Of India (Allahabad High Court) Rule 120A of the CGST Rules, 2017 provides that where a registered dealer submits a declaration electronically in FORM GST TRAN-1 within the time period specified in Rule 117, Rule 118, Rule 119 and Rule 120 he may revise such declaration once and […]

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