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Judiciary

Exemption u/s 54 allowed if purchase amount paid by assessee irrespective of name on agreement of Son

May 8, 2020 2946 Views 0 comment Print

Smt. Subbalakshmi Kurada Vs ACIT (ITAT Bangalore) The issue under consideration is that if the assessee reinvested capital gains in purchase of new residential house in the name of assessee and his son together then whether assessee in entitle to the full amount of exemption u/s 54? As per Section 54, it mandates that the […]

State Govt should take care of all categories of migrant workers: HC

May 8, 2020 873 Views 0 comment Print

Mohammed Arif Jameel Vs Union of India (Karnataka High Court) If there are complaints received by the State that some contractors or employers are confining the migrant workers to their shelters and are not permitting them to go to their respective home States, the State Government will have to attend to such complaints and will […]

CPC Processing/Additions cannot go beyond Inst. No.10/2017

May 7, 2020 4275 Views 0 comment Print

CBDT’s instruction No.10/2017 dated 15.11.2017 has clearly laid down that only when receipts are completely omitted to be declared in the return of income can there be an addition for invoking 143(1)(a)(vi) of the Act.

Depreciation @ 60% allowable on Set Top Boxes acquired on Finance Lease

May 6, 2020 4080 Views 0 comment Print

Fastway Transmission (P) Ltd. Vs ACIT (ITAT Chandigarh) Conclusion: Set top boxes was the property of CISCO which was taken by assessee on lease from CISCO against payment of lease charges thus assessee was not entitled to claim the principal component of alleged lease rent paid as ‘revenue expenditure’ u/s 37(1) however, entitled to claim […]

Date of filing of bill of entry is not date of import

May 6, 2020 16917 Views 0 comment Print

Radhe Exim Pvt. Ltd. Vs C.C. (CESTAT Ahmedabad) From the plain reading of the definition of import it is clear that when the goods enter into territorial water of India that is the stage of completion of import into India and not the date of filling of Bill of Entry, therefore, if the appellant possess […]

SC: No writ can be issued to challenge assessment order foreclosed by law of limitation

May 6, 2020 3303 Views 0 comment Print

Assistant Commissioner Vs Glaxo Smith Kline Consumer Health Care Limited (Supreme Court Conclusion:  Power of Supreme Court & High Court under Articles 142 and 226 to entertain a challenge to the assessment order on the sole ground that the statutory remedy of appeal against that order stood foreclosed by the law of limitation however the […]

Exercising writ jurisdiction inconsistent with legislative intent would render legislative scheme and intention otiose

May 6, 2020 2643 Views 0 comment Print

Assistant Commissioner (CT) LTU Vs Glaxo Smith Kline Consumer Health Care Limited (Supreme Court) In Challenge : – Judgment of the High Court of Judicature at Hyderabad for the State of Telangana and State of Andhra Pradesh. Constitution of India – Art-226 – Writ Jurisdiction bypassing the statutory provisions – remedy against the assessment order […]

Covid 19- SC extends limitation prescribed under Arbitration & NI Act

May 6, 2020 6183 Views 0 comment Print

It  is hereby ordered that all periods of limitation  prescribed  under  the  Arbitration  and  Conciliation  Act, 1996 and under section 138 of the Negotiable Instruments Act 1881 shall  be  extended  with  effect  from  15.03.2020  till  further  orders to be passed by this Court in the present proceedings.

Psyllium Husk Powder falls under HSN 12119032: AAR

May 6, 2020 4311 Views 0 comment Print

In re Sarda Bio Polymers Pvt. Ltd. (GST AAR Rajasthan) The applicant is engaged in manufacture of Psyllium Husk Powder in Pali having GST registration number 08AARCS9529A1ZZ. The applicant intends to seek clarification on the classification and rate of GST applicable on the Psyllium Husk Powder. AAR held that Psyllium Husk Powder, a preparation made […]

Mehendi /Henna powder falls under Chapter 33; Attracts 18% GST

May 6, 2020 17352 Views 0 comment Print

In re Sunil Kumar Gehlot (Sunil Kumar & Co.) (GST AAR Rajasthan) The applicant is engaged in manufacture of hair dye powder in Sojat city. The applicant intends to manufacture mehandi/henna powder in future and so wish to seek clarification on the classification and rate of GST applicable on the mehandi/henna powder. AAR held that […]

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