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Judiciary

Transportation of iron ore from mines site to appellant’s crusher plant not falls under GTA service

March 17, 2020 3645 Views 0 comment Print

Activity of transportation of iron ore lumps from the mines site to the appellant’s crusher plant does not constitute GTA service in terms of Sec.65(105)(zzp) read with Sec.65(50b) of the Finance Act, 1994.

Interplay between Patents and Tradesecrets

March 17, 2020 936 Views 0 comment Print

Claudio De Simone & Ors. Vs. Acital Farmaceutica SRL. & Ors. (Delhi High Court);  CS(OS) 576/2019, IA No.15741/2019, 17.03.2020 FACTS In the present case, Plaintiff No. 1 was an inventor of a US patent formulation namely; De Simone Formulation. The said formulation is highly concentrated bacterial formulation beneficial for pharmaceutical and dietary indications. In the year […]

CIT (A) cannot admit additional evidences without calling remand report from AO

March 16, 2020 7356 Views 0 comment Print

The appeal preferred by the Revenue. The issue under consideration is with regard to the bogus purchases conducted by the assessee and as per revenue CIT(Appeals) has erred in granting relief to the assessee without dealing specifically with the facts of the case and even not calling for any remand report from the Assessing Officer.

Business expense allowable against remuneration from partnership firm

March 16, 2020 49914 Views 1 comment Print

In the given case, the first issue raised by the assessee is relates to the disallowance of business expenses from the remuneration earned by the assessee from the partnership firm assessed as business income u/s. 28 (v) of the IT Act, 1961.

Trust cannot claim Section 24(a) standard deduction against rental income

March 16, 2020 6429 Views 0 comment Print

ITAT do not find any merit in this ground of appeal of the assessee. Accordingly we hold that assessee trust is not eligible for standard deduction at the rate of 30% u/s 24 (a) of the act, out of the rental income chargeable to tax in the hands of the assessee.

Section 148 notice can be challenged before HC only after following procedure

March 16, 2020 2940 Views 0 comment Print

The writ petition is not maintainable challenging the notice issued under Section 148 of the Income Tax Act. The Hon’ble Supreme court in GKN Drive Shafts’ case reported in 259 ITR 19 (SC), clarified the procedure to be followed, when notice is issued under Section 148. Therefore, the petitioner has to follow such procedure including by asking the reasons for reopening the assessment. Upon the request so made, the reasons can be furnished and the petitioner can file objections and the Officer thereafter has to pass a speaking order before proceeding with the assessment. In this case, the writ petitioner has not filed the return and on the other hand filed the present writ petition straightaway.

IT Support Services to Indian Entities by Foreign company cannot be taxed in India

March 16, 2020 900 Views 0 comment Print

The issue raised by the assessee challenging the action of AO in holding the income from providing IT support services as taxable for fees for technical services.

No Section 54 Exemption denial for Purchase of new property in the name of son

March 16, 2020 40305 Views 0 comment Print

The issue under consideration is whether the exemption u/s 54 can be denied only with the reason that the new property has been purchased in the name of son and not in the name of that assessee.

No Authority under Law to Levy Section 234E Penalty prior to 01.06.2015

March 16, 2020 8193 Views 0 comment Print

Therefore, according to the Finance Act, 2015, prior to 01.06.2015, your good self had no authority to levy fee, if any, under Section 234E of the Act and thus levy of fee under Section 234E of the Act while processing the statement is beyond the scope of Section 200A of the Act.

Section 11(2) exemption cannot be denied for mere non submission of Form 10 electronically

March 16, 2020 7899 Views 0 comment Print

Parle Hindu Devalaya Mandal Vs DCIT (ITAT Mumbai) The dispute in the present appeal is confined to denial of assessee’s claim of exemption under section 11(2) of the Income Tax Act, 1961. The assessee is a charitable trust and has been granted registration under section 12AA of the Act. For the assessment year under dispute, […]

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