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Punjab HC allows private schools to collect tuition/admission fee

June 30, 2020 4053 Views 0 comment Print

Independent Schools’ Association Chandigarh (Regd.) & others Vs State of Punjab and others (Punjab & Haryana High Court) High Court held as follows:- (a) The schools are permitted to collect their admission fee, henceforth. (b) All schools irrespective whether they offered online classes during the lock-down period or not, are entitled to collect the tuition […]

Fake ITC: HC modifies Bail Conditions considering COVID-19

June 30, 2020 1335 Views 0 comment Print

HC modify Conditions of Bail considering the inability of accused to comply with same due to COVID-19.

No section 271C penalty for non-deduction of TDS on LTA

June 30, 2020 1251 Views 0 comment Print

The issue under consideration is whether the AO is correct in levying penalty u/s 271C of the Act for non-deduction of tax at source on Leave Travel Allowance?

Puja Expenses for Smooth functioning of Business allowable

June 30, 2020 7110 Views 0 comment Print

It is noted that the assessee is into the business of truck plying in North-East States and it is common knowledge that the drivers and cleaners before they start their journey on their trucks conduct puja of the God they believe and they incur expenses for buying garlands, bhog etc. for safe and smooth running of the vehicle while they go to the pre-destined location which are located in the remote areas of Assam, Meghalaya and Mizoram to deliver/collect goods. The expenses thus it is noted are incurred by the assessee for puja is for the smooth functioning of the business of transport as discussed cannot be disallowed.

Books cannot be rejected for mere non-Maintenance of Stock Register or for adoption of incorrect method of stock valuation

June 30, 2020 6453 Views 0 comment Print

Paramount Impex Vs ACIT (ITAT Chandigarh) we are not in agreement with the Revenue that the non maintenance of stock register was sufficient for exercising the power of rejecting the books of the assessee. It is not unusual for businesses dealing in large number of small items and operating at a small or medium scale […]

Reopening of assessment merely on Internal Audit Objection Not Justified

June 30, 2020 3615 Views 0 comment Print

Whether the re-opening of assessment u/s 147 initiated by AO is justified in law? Re-opening of assessment on basis of Internal Audit Objection Not Justified.

No disallowance for Advances given if Assessee have sufficient Interest Free Funds

June 30, 2020 1107 Views 0 comment Print

PCIT Vs B.T. Patil & Sons Belgaum Construction P Ltd (Bombay High Court) The issue under consideration is whether the Tribunal is correct in disallowing the deduction of interest expenditure on the ground that the assessee had diverted interest bearing funds for non-business purposes? In the present case, The assessee had outstanding balance shown in the […]

Waiver of loan cannot be brought to tax u/s 28(iv) as Subsidy

June 30, 2020 2589 Views 0 comment Print

The issue under consideration is whether the loan given by the Government which was subsequently waived off can be taxed under Section 28(iv) of Income Tax Act?

Transitional Credit- Delhi HC to hear the issue on 16.09.2020

June 30, 2020 1248 Views 0 comment Print

Even in case the supreme court decide the above case in favour of assessee and make amendment section 140 of CGST Act, still that change will not allowed petitioner to claim Transitional Credit.

ITC of GST on Premium paid to DICGC by Banks

June 30, 2020 6453 Views 0 comment Print

AAR held that Bank can avail ITC on fifty percent of GST paid on DICGC premium, as it is statutorily required for the bank to obtain insurance of deposit, which has only been accepted by it in the course of its business or furtherance of business. Claim is allowable under Section 17(4) of CGST Act, 2017.

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