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Reopening Based on change of opinion and in absence of any adverse tangible material was invalid

January 16, 2020 1044 Views 0 comment Print

In such cases, assessments can be reopened only if an income assessable to tax has escaped on account of failure of the assessee to disclose all the material facts fully and truly. In other words, the AO has to demonstrate that income of the assessee has escaped assessment on account of its failure to disclose all material facts of the assessments in its income fully and truly.

HC quashes ROC action deactivating DINs of all disqualified Directors

January 16, 2020 10029 Views 0 comment Print

Allahabad High Court held thaty there is no provision which empowers ROC to de-activate DIN, only on the ground that a Director has incurred disqualification under Section 164(2) (a) or his Office has become vacant under Section 167(1) (a). It also quashes List of disqualified directors published by ROC in public gazette.

Complete work & hearing in office hours except in occasionally Circumstances: ITAT

January 16, 2020 1926 Views 0 comment Print

Shri Shanmugam Senthilkumar Vs ITO (ITAT Chennai) ITAT, Chennai advice to CIT ( Appeals) to Complete the work and hearing in office hours except in occasionally Circumstances hearing the appeals and making the tax practitioners, advocates and Chartered Accountants to wait till 9 PM to 10 PM on daily basis has to be avoid. Late […]

Interest expense having direct nexus with interest income is allowable

January 16, 2020 2166 Views 0 comment Print

DCIT Vs Asian Infra Projects Private Limited (ITAT Mumbai) It is quite evident that the business of the assessee was already set-up since the assessee had already reflected income from real estate business during AY 2008-09. The perusal of assessee’s financial statements for year under consideration would show that the assessee has obtained unsecured loans […]

Addition cannot be made merely based on AIR Information

January 16, 2020 2598 Views 0 comment Print

Since AO had not carried out any exercise to rebut the contention of assessee that they have not received any sum higher than what has been reported in its books of account, therefore, no addition could be made based on the AIR and ledger of the payer

Entities registered under Karnataka Souharda Sahakari Act, 1997 fit into definition of co-operative society

January 16, 2020 4578 Views 0 comment Print

Petitioner  is a Credit Cooperative, registered under the Karnataka Souharda Sahakari Act, 1997; petitioner is registered as the State Federal Cooperative, as provided under Section 33 of the said Act; they have knocked at the doors of writ court in substance for a prayer that they are entitled to seek deduction in respect of their income in terms of the scheme envisaged under section 80P of the Income Tax Act, 1961 , on the premises that they too are a Cooperative Society, on par with those registered under the provisions of Karnataka Co-operative Societies Act, 1959.

SCN issued invoking Section 73 is not tenable if no willful mis-statement or suppression of facts by taxpayer

January 16, 2020 6144 Views 0 comment Print

Linde Engineering India Pvt. Ltd. & Ors. Vs Union of India (Gujarat High Court) Rule 6A of the Service Tax Rules, 1994 provides that services rendered would be treated as ‘Export of services’ when clause (a) to clause (d) refers to provider of service is located in the taxable territory and recipient of service is […]

DRP cannot set aside any proposed variation or issue any direction for further enquiry and passing of assessment order

January 16, 2020 3747 Views 0 comment Print

It was held that DRP’s direction to the AO for carrying out a fresh examination of the claim of the assessee u/s.10A of the Act is in violation of the clear mandate of the provisions and hence cannot be countenanced.

GST on Goods supplied under turnkey Contract in case of multiple independent contracts

January 16, 2020 6552 Views 0 comment Print

Goods supplied under a turnkey Contract, where there are multiple independent contracts, of which some are not in the nature of Works Contract, shall not be included in the value of contract in the nature of a works contract merely on account of the fact that goods are being supplied under Turnkey Contract, part of which is in the nature of a Works Contract, unless such supply of all such goods is a part of and made in the execution of a works contract.

GST exempt on Rural Electrification work falling under article 243G

January 16, 2020 4521 Views 0 comment Print

The work entrusted to the applicant as mentioned above is covered under the article 243G of the constitution as the function entrusted to the Panchayat i.e., Rural Electrification including distribution of Electricity. However, the applicant work is not covered under Article 243W of the constitution as the function entrusted to the municipality.

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