Follow Us:

Judiciary

Reimbursement of sales tax levied on taxable turnover of works contracts was allowable to contractor company

June 5, 2020 2025 Views 0 comment Print

he claim of the contractor company for reimbursement of the amount of sales tax levied on the taxable turnover of the works contracts executed by it, i.e., with reference to the expression ‘completed item of work’ in the said Clause 45.2 and with reference to the stipulations contained in Clauses 13.3 of ITB and 45.1 of GCC, were wholly untenable and appellant and its contracting offices were under obligation to honour the claim so made by the contractor company.

Selection of comparable can be challenged even if same clears filters

June 4, 2020 5781 Views 0 comment Print

Since none of the comparables had been excluded on the ground of high turnover alone, the test of functional similarity applied by the Tribunal was in consonance with the legal position and moreover, assessee could not be denied a chance to challenge the inclusion of a comparable merely for the reason that the selected comparable cleared the filters.

Provisional Attachment Order to safeguard from creation of third party interest was justified

June 4, 2020 1500 Views 0 comment Print

The issue under consideration is whether the Provisional Order of Attachment for Pending Adjudication is justified in law?

Explained Jewellery will not form part of Jewellery allowed by CBDT Circular

June 4, 2020 2403 Views 0 comment Print

N. Roja Vs ACIT (ITAT Cuttack) We find that the AO made addition on account of unexplained investment in gold and jewellery of 2417.290 grams as found and seized during the course of search in the residential premises and the Locker No.75/4 & 145/2 of the assessee at Indian Overseas Bank, Rayagada. During the course […]

Exemption u/s 10 & 11 cannot be granted merely based on section 12AA Registration

June 4, 2020 1455 Views 0 comment Print

The issue under consideration is whether the Income Tax benefit under section 10 and 11 will be granted on the basis of registration under section 12AA?

Refund can’t be rejected merely because registration number not mentioned in invoice

June 4, 2020 3210 Views 0 comment Print

The issue under consideration is whether it is correct to reject the refund on the basis that the registration number of appellant not mention in invoice?

Book profit | Section 10A deduction | HC refers matter back to ITAT

June 4, 2020 1236 Views 0 comment Print

The tribunal has held that net profits have to be determined as per the provisions of the companies Act and thereafter, the adjustments have to be made. It has further been held that the assessee cannot adjust the books of profit except as provided under the companies Act.

No GST on Prize money/ stakes in absence of any supply

June 4, 2020 10671 Views 0 comment Print

In re Vijay Baburao Shirke (GST AAAR Maharashtra) The Appellant Authority set aside the advance ruling issued by AAR, and hold that prize money/ stakes will not be subject to GST in the absence of any supply. Accordingly, the Applicant- Respondent is also not entitled to avail any ITC in accordance with the provisions of […]

NAA directed Re-Investigation & Re-Computation of Profiteered Amount for Lifestyle International

June 4, 2020 600 Views 0 comment Print

Director-General of Anti-Profiteering Vs Lifestyle International Pvt. Ltd. (NAA) Facts of the case: The brief facts of the case are that an application dated 23.11.2017 was filed before the Standing Committee on Anti-profiteering under Rule 128 of the CGST Rules, 2017, by Ms. Neeru Varshney before the Standing Committee vide which she alleged that the […]

Blank paper containing only a signature can be termed as a ‘document?

June 4, 2020 14697 Views 0 comment Print

Nisar Vs State of Kerala (High Court of Kerala) Section 3 of the Evidence Act defines ‘document’ as any matter expressed or described upon any substance by means of letters, figures or marks or by more than one of those means, intended to be used, or which may be used, for the purpose of recording […]

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031