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NAA directs builder to pass on benefit of ITC to Flat Buyers

June 17, 2020 987 Views 0 comment Print

National Anti-Profiteering Authority orders Radicon to pass on Rs. 40,92,054 benefit to buyers. Penalty notice issued for denying ITC benefit.

Consider Only Dividend bearing Securities for Section 14A disallowance R.W. Rule 8D(2)(iii)

June 17, 2020 1548 Views 0 comment Print

In the light of judgment of Coordinate Bench of ITAT Kolkata in the case of REI Agro Ltd, we note that only dividend bearing securities should be considered for disallowance under rule 8D(2)(iii) of I.T. Rules.

Open GST Portal by 19.06.2020 for filing of Form GST Trans-1: HC

June 17, 2020 1398 Views 0 comment Print

Mangla Hoist P. Ltd. Vs Union of India (Delhi High Court) Admittedly, the judgment in Brand Equity Treaties Limited (supra), has not been stayed so far and therefore, the respondents are under an obligation to abide by the directions issued therein by adequately publicising the said decision and uploading it on their website as also […]

No incriminating material, no addition – Kolkata ITAT

June 17, 2020 1728 Views 0 comment Print

Kusumlata Sonthalia vs. PCIT (ITAT Kolkata) Preliminary issue of whether the addition could be framed u/s 153A of the Act in respect of a concluded proceeding without the existence of any incriminating materials found in the course of search. The scheme of the Act provides for abatement of pending proceedings as on the date of […]

Brand Equity judgment continue to apply despite retrospective amendment to Section 140: Delhi HC

June 16, 2020 4881 Views 0 comment Print

Delhi High Court in its judgment pronounced today has held that judgment in Brand Equity will continue to apply  in-spite of retrospective amendment to Section 140 by The Finance (Amendment) Act, 2020.

ATM is considered as Computer hence Higher Depreciation rate allowed

June 16, 2020 3354 Views 0 comment Print

High Court states that so long as functions of the computers are performed with other functions and other functions are dependant on the functions of the computer, ATMs are to be treated as computers and are entitled to higher rate of depreciation.

Whirlpool found guilty of profiteering by NAA

June 16, 2020 2496 Views 0 comment Print

Kerala State Screening Committee on Anti Profiteering Vs Whirlpool of India Ltd. (NAA) NAA determines amount profiteered by Whirlpool  at Rs. 4,07,451/- and directed Whirlpool  to reduce the price of Refrigerator Whirlpool (HSN code 84182100) as per the provisions of Rule 133 (3) (a) of the CGST Rules, 2017, keeping in view the reduction in […]

AO cannot change valuation method from DCF to book value method

June 16, 2020 2349 Views 0 comment Print

Alishan Palace Resorts Pvt Ltd. Vs ITO (ITAT Cuttack) in the instant case, the value adopted and computed by the assessee as per Rule 11UA(2)(c)(b) by following DCF method at Rs.51/85 and the assessee company has received shares and issued/allotted @ Rs.50 per share including premium and this rate has not been contested or challenged […]

Rate of depreciation in case of ATM machines

June 16, 2020 5094 Views 0 comment Print

CIT Vs NCR Corporation Pvt Ltd (Karnataka High Court) Whether the tribunal is correct on facts and in law in holding that ATMs and encoders are computers eligible for 60% depreciation even when they do not provide processing activity and do not contain all features of computers and such cannot be called as computers? It […]

Air France Pool Participation Income Not Taxable in India as per DTAA

June 16, 2020 1557 Views 0 comment Print

Air France Vs Addl. CIT International Taxation (ITAT Delhi) The issue under consideration is whether Indian branch is deriving income from technical handling to IATP Pool Members and non IATP Members is taxable in India? ITAT states that, in the present case, it can be seen that the Indian Branch office is merely a branch […]

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