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Interest allowable from date of deposit to date of refund: CESTAT

January 7, 2020 8244 Views 0 comment Print

It was held that Appellant is entitled to interest for the period  from the date of deposit (deposit made during investigation) to till date of refund and also amounts deposited by way of pre deposit at the time of filing of Appeals,  shall be entitled to interest for the period from the date of  deposit to till the date of refund. 

Section­ 276C(1)- Compounding of offence permissible on payment of 100% of tax sought to be evaded

January 7, 2020 6318 Views 0 comment Print

When the CBDT circular refers to the amount sought to be evaded, it must be seen and understood in light of the provisions contained in section 276C(1) and in turn must be seen as amount sought to be evaded. 100% of tax sought to be evaded would be the basic compounding fees.

Section 147 Reassessment justified for Cash Deposit in Bank but not disclosed in ROI

January 7, 2020 2703 Views 0 comment Print

The issue under consideration is whether the re-opening of assessement u/s 147 is justified in law?

In absence of principal agent relationship TDS not deductible on bank guarantee commission 

January 7, 2020 1860 Views 0 comment Print

NKC Projects (P) Ltd. Vs DCIT (ITAT Delhi) It could be seen from the assessment order that while dealing with the issue of allowability of the bank guarantee commission, learned Assessing Officer held that on identical facts in assessee’s own case for the assessment year 2011-12 an addition under section 40(a)(ia) of the Act was […]

Builder denied benefit of ITC to buyers of flats and shops: NAA

January 7, 2020 2394 Views 0 comment Print

Smt. Shubhra Vipin Gajbhiye Vs Pyramid Arcades Pvt. Ltd (National Anti-Profiteering Authority) It is established from the perusal of the above facts that the Respondent has benefited from the additional ITC to the extent of 4.52% of the turnover during the period from July, 2017 to December, 2018 and hence the provisions of Section 171 of […]

Fabrication of body building on Tippers, Trailers classifiable under SAC 998881

January 7, 2020 6174 Views 0 comment Print

The activity of fabrication of body building on Tippers, Trailers etc., merits classification under SAC 998881, under ‘Motor vehicle and trailer manufacturing services’, in terms of Sl.No. 535 of Annexure to Notification No. 11/ 2017-Central Tax (Rate) dated 28.06.2017.

Loss from Forfeiture of advance against Convertible Warrants held as stock in trade is Business Loss

January 7, 2020 1950 Views 0 comment Print

Lustre Merchants Pvt. Ltd. Vs DCIT (ITAT Delhi) The only dispute in the instant appeal is regarding the treatment of the loss on account of forfeiture of share application money amounting to Rs. 41,61,000/- as business loss or capital loss. While the loss is not in dispute, according to the assessee it is a business […]

GST on ‘Reagents’ used for laboratory testing of water samples- AAR application withdrawn

January 7, 2020 2571 Views 0 comment Print

In re HACH DHR India Pvt. Ltd. (GST AAR Karnataka) Whether the applicants are correct in contending that the ‘Reagents’ used by the applicant for laboratory testing of water samples should be classified under Sl. No.80 of the IGST schedule-II at 12% under IGST Notification No.1/2017-Integrated Tax (Rate) dated 28.06.2017? But the Applicant requested to […]

Service cannot be termed as Franchise Service for mere user of word ‘Principle to Principle’ in agreement,

January 7, 2020 885 Views 0 comment Print

Easy Bill Ltd. Vs CCE (CESTAT Delhi) Section 9.1 thought talks about the agreement to be on principle to principle basis as impressed upon by learned DR but perusal of this section reveals the subsequent portion explains that word principle to principle mean that the agreement is not intended to constitute a partnership, joint venture […]

Home loan interest can be included in cost in Capital Gain Computation

January 6, 2020 42825 Views 1 comment Print

Assessee is entitled to include interest in the capital cost while computing capital gains U/s 48 of the Act. Judicial discipline requires us to follow the order of a co‑ordinate bench.

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