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Judiciary

Section 24(b) Interest deduction eligible on Property received as per family settlement deed

May 13, 2020 4164 Views 0 comment Print

Sanjeev Jain Vs DCIT (ITAT Dehradun) There is no dispute that there was a house property, which was noted by the borrowed capital of the family of the assessee. It is also not disputed that assessee was one of the applicant of the loan. Only dispute is with respect to the family settlement dated eighth day […]

GST exempt on Project Management Consultancy’ Services to APRRP

May 13, 2020 5331 Views 0 comment Print

In re Consulting Engineers Group Limited (GST AAR Andhra Pradesh) Project Management Consultancy’ Services provided to Andhra Pradesh Panchayat Raj Engineering Department for Andhra Pradesh Rural Road Project (APRRP) for Road Construction can be termed as ‘Pure Services’ as referred in SI. No. 3 – (Chapter 99) of Table mentioned in Notification No. 12/2017 – […]

Reimbursement for Lost in hole/Damage Beyond repair of equipment /tools is classifiable as ‘Supply of Goods

May 13, 2020 8193 Views 1 comment Print

In re Halliburton Offshore Services Inc. (LIH) (GST AAR Andhra Pradesh) It is observed that under Caluse-31 of the Contract, the Contractor (herein the Applicant) receives reimbursement from the Operator (herein the OIL) for loss of or damage to the down hole equipment and tolls. Sub-clauses (a) and (b) of the said Clause -31 specifies […]

GST on supply of mud engineering services along with supply of imported mud chemicals and additives

May 13, 2020 4116 Views 0 comment Print

In re Halliburton Offshore Services Inc. (Oil India) (GST AAR Andhra Pradesh) (a). Whether the supply of mud engineering services along with supply of imported mud chemicals and additives provided on consumption basis by the Applicant under the Contract qualify as composite supply. it is observed that there are independent qualitative, quantitative and logistic (mobilization, […]

No addition under section 41 on waiver of loan by Government

May 13, 2020 2205 Views 0 comment Print

As per section 41(1), there should be an allowance or deduction claimed by the assessee in any assessment for any year in respect of loss, expenditure or trading liability incurred by the assessee. Then, subsequently, during any previous year, if the creditor remits or waives any such liability, then the assessee is liable to pay tax under Section 41 of the IT Act.

Arbitration agreement not become null & void if allegations of fraud have to be inquired into by court

May 12, 2020 4569 Views 0 comment Print

Spentex Industries Ltd. Vs Quinn Emanuel Urquhart & Sullivan LLP (Delhi High Court) In the given case, the plaintiff is seeking the main relief to pass a decree of declaration, declaring that the Letter of Engagement as well as arbitration clause being Article 16 of the Letter of Engagement is null and void, inoperative and […]

Set off of unabsorbed depreciation allowed irrespective of continuity of business in next year

May 12, 2020 8160 Views 0 comment Print

The issue under consideration is whether set off of the ‘unabsorbed depreciation’ can be allowed irrespective of continuity of the business in next year?

Deduction u/s 80G cannot denied merely because such payment forms part of CSR

May 12, 2020 5355 Views 0 comment Print

The issue under consideration is that whether the expenditure incurred for CSR will also be qualified for deduction under section 80G?

No Section 147 Assessment in absence of reasons for escapement of income

May 12, 2020 1662 Views 0 comment Print

Existence of reasons for escapement of income are sine qua non to embark upon the assessment or reassessment u/s 147 of the Act. Change or no change of opinion, as argued by the ld. DR, are the factors to be considered after fulfilling the jurisdictional condition of there being an escapement of income, in the absence of which no assessment or reassessment can be made u/s 147.

TDS u/s 194J not applicable on modeling services rendered by Katrina Kaif

May 12, 2020 10716 Views 0 comment Print

The issue under consideration is whether the services, the modeling, rendered by Ms. Katrina Kaif in this case constitutes professional service and the fee paid to her for modeling with the purpose of marketing of the camera products of the assessee liable for TDS u/s 194J?

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