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Judiciary

18% GST payable on coal handling & distribution charges

June 8, 2020 15183 Views 0 comment Print

In re Agarwal Coal Corporation Pvt. Ltd. (GST AAR Madhya Pradesh) Whether the Applicant is liable to discharge tax liability @ 18% on coal handling and distribution charges wherever supply of such services is intended to be made expressly to a customer or will the Applicant be entitled to charge GST at the rate of […]

ITC on Lifts procured & installed in hotel building not eligible

June 8, 2020 8943 Views 0 comment Print

AAR held that  input tax credit of tax paid on Lifts procured and installed in hotel building shall not be available to the applicant as the same is blocked in terms of Section 17(5)(d) of the CGST Act 2017, become an integral part of the building.

Exclusion of Lockdown Period- SC cannot issue any direction to RBI

June 8, 2020 1662 Views 0 comment Print

Harsh Nitin Gokhale Vs Reserve Bank of India & Ors (Supreme Court) In the present case, writ petition file seeking relief to exclude the time period of lockdown for calculating the limitation for presentation of cheque/demand draft within 3 months as per policy decision of RBI. Supreme Court states that they cannot issue any direction […]

HC dismisses of ED’s plea to revoke Rajiv Saxena’s approver status

June 8, 2020 1533 Views 0 comment Print

Once the accused was granted pardon by the Court and was made approver, the status of the accused changed from accused to witness/approver.  However, if the approver, failed to comply with the conditions of order granting him pardon, he made him liable to be tried as accused subject to the conditions as laid down in Section 308 Cr PC. 

AMP expense can’t be disallowed, Merely because Excess amount has been spent on Advertisement

June 8, 2020 1008 Views 0 comment Print

Whether the TPO was legally justified in holding that AMP expenditure was not an international transaction even though the assessee was performing DEMPE functions for its AE and doing activity of brand building?

Know How’ is not IPR and not liable to service tax

June 8, 2020 2289 Views 0 comment Print

Grant of exclusive right to assessee by Mauritius Revlon to use the ‘know how’ in any plant in accordance with the processes, specifications and recipes thereof in connection with the manufacture, marketing, sale  and distribution of Revlon  Products would not fall in the definition of “intellectual property right‟ so as to make it taxable under section 65(105) (zzr) of the Finance Act.

Section 14A apply on investment made for acquiring controlling interest 

June 7, 2020 3150 Views 0 comment Print

Hence, the contention of the assessee investment made for acquiring controlling interest in Dabur India Ltd should not be subject to disallowance under section 14A is rejected.

Section 55: AO cannot reject valuation report without proving lesser valuation

June 7, 2020 6339 Views 0 comment Print

DCIT Vs Ajanta Tubes Ltd. (ITAT Delhi) The issue under consideration is whether the A.O. is correct in rejecting the valuation report obtained by the assessee? In the present case, assessee had sold its land and building. Assessee had taken the cost of acquisition for land as per valuation report as at 1-4-1981 as against […]

Reassessment merely on Investigation officer report is unsustainable

June 7, 2020 1770 Views 0 comment Print

Ashapura Minichem Limited Vs DCIT (ITAT Mumbai) The issue under consideration is whether the re-opening of assessment u/s 147 is justified in law? The assessee before us is a listed public limited company engaged in the business of mining bauxite and selling the same in domestic as well as international market. In the present case […]

Final assessment order U/s 144C without issuing draft order is Void-ab-Initio

June 7, 2020 6648 Views 0 comment Print

Nikon India Pvt. Ltd. Vs DCIT (ITAT Delhi) The issue under consideration is whether the assessment will sustain even if the Assessing Officer ignoring the statutory provisions of section 144C, passed the Final assessment order without issuing draft assessment order to the assessee? In the present case, the Tribunal vide order dated 31.03.2017 remanded the […]

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