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Shivali Bardoliya

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Back Office Support Services are Taxable and not Exports- Maharashtra AAR

Goods and Services Tax : Facts: Vservglobal Private Limited (hereinafter ‘Applicant’) is engaged in providing back office support services to overseas ...

November 27, 2018 5232 Views 0 comment Print


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Slot Charter Operation will be Included in Deemed Tonnage even if ship is not qualifying ship

Income Tax : Trans Asian Shipping Services Private Limited Vs. CIT ( kerala High Court) It was held in the case of the income derived from slot...

October 18, 2015 724 Views 0 comment Print

Penalty U/s 271C exigible if delay in remittance of TDS for Unreasonable Cause

Income Tax : It was held by Kerala High Court in the case of Classic Concepts Home India Private Limited V/s. CIT that, penalty U/s 271C is exi...

October 16, 2015 2404 Views 0 comment Print

Delayed Payment of Employees’ Contribution to PF not allowable U/s 43B

Income Tax : It was held in the case of CIT v/s South India Corporation Ltd. by Kerla High Court That the assessee is not entitled to claim ded...

September 17, 2015 10826 Views 0 comment Print

Settlement Application cannot be admitted without considering objections raised by CIT

Income Tax : It was held by Hon’ble High Court of Bombay and Goa in the case of CIT V/s M/s Sai Prasad Properties Limited that an application...

September 12, 2015 684 Views 0 comment Print

S. 147 Objections of assessee cannot be disposed off on an Imaginary Ground

Income Tax : In was held by High Court of Bombay and Goa in the case of M/s V M Salgaoncar Sale International V/s ACIT, that objections raised ...

September 12, 2015 1656 Views 0 comment Print


Latest Posts in Shivali Bardoliya

Back Office Support Services are Taxable and not Exports- Maharashtra AAR

November 27, 2018 5232 Views 0 comment Print

Facts: Vservglobal Private Limited (hereinafter ‘Applicant’) is engaged in providing back office support services to overseas companies (hereinafter ‘Client’) engaged in trading of chemicals and other products in International Trade. Applicant will come into picture after finalization of Purchase/Sale order by the client to undertake following activities: a. Get SDF (Sale Detail Form) and PDF […]

Slot Charter Operation will be Included in Deemed Tonnage even if ship is not qualifying ship

October 18, 2015 724 Views 0 comment Print

Trans Asian Shipping Services Private Limited Vs. CIT ( kerala High Court) It was held in the case of the income derived from slot charter operations of a tonnage tax company is not liable to be excluded while determining the tonnage income under the tonnage tax scheme on the ground that such operations are carried on in ships which are not qualifying ships in terms of the provisions of Chapter XII G of the Act.

Penalty U/s 271C exigible if delay in remittance of TDS for Unreasonable Cause

October 16, 2015 2404 Views 0 comment Print

It was held by Kerala High Court in the case of Classic Concepts Home India Private Limited V/s. CIT that, penalty U/s 271C is exigible if delay in remittance of TDS is caused due to unreasonable cause.

Delayed Payment of Employees’ Contribution to PF not allowable U/s 43B

September 17, 2015 10826 Views 0 comment Print

It was held in the case of CIT v/s South India Corporation Ltd. by Kerla High Court That the assessee is not entitled to claim deduction of the belated payments to the Provident Fund in view of the section 36(1)(va) and 43B of the Income tax Act.

Settlement Application cannot be admitted without considering objections raised by CIT

September 12, 2015 684 Views 0 comment Print

It was held by Hon’ble High Court of Bombay and Goa in the case of CIT V/s M/s Sai Prasad Properties Limited that an application under section 245D(2C) of the Act has to be disposed of after considering the objections raised by CIT

S. 147 Objections of assessee cannot be disposed off on an Imaginary Ground

September 12, 2015 1656 Views 0 comment Print

In was held by High Court of Bombay and Goa in the case of M/s V M Salgaoncar Sale International V/s ACIT, that objections raised by the assessee against the reasons recorded U/s 148 of the Act can not be disposed off on an imaginary ground by the assessing Officer.

Time barred assessment cannot be reopened for non satisfaction of conditions for reopening

September 12, 2015 829 Views 0 comment Print

The hon’ble High Court of Bombay and Goa held in the case of Betts India Pvt. Ltd. V/s DCIT that when all the material facts necessary for assessment has been truly and full disclosed, the assessment can not be re opened after the expiry of time limit

Addition cannot be made if no statement is recorded at the time of search

August 25, 2015 1313 Views 0 comment Print

Delhi ITAT held in the case of Smt. Rutu Jindal Vs. ACIT, that if no statement has been recorded at the time of search and where there is no occasion for the assessee to state the fact at the time of search, the addition can not be made without taking in to account the fact of the case which is stated during the appellate proceedings.

Assessment framed in the name of non existing entity due to amalgamation cannot be cured by Sec. 292B provisions

August 20, 2015 580 Views 0 comment Print

It was held by ITAT delhi in the case of SC Jhonson Products Private Limited Vs. DCIT, that framing of assessment against a non existing entity/person is not a procedural irregularity but a jurisdictional defect and can not be cured by application of Section 292B of the Income Tax Act, 1961.

Additional Evidence under Rule 46A must be allowed for reasonable cause

July 19, 2015 4335 Views 0 comment Print

In the case of M/s ONS Creations Private Limited Vs. ITO, it was held by ITAT Delhi that if additional evidence can not be produced before AO for a reasonable cause by assessee, the CIT (A) must admit the additional evidences and assessee must be given an afresh opportunity of being heard.

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