Follow Us:

Judiciary

A person cannot be treated as Principal Officer on Mere surmises & conjectures

October 17, 2019 10098 Views 0 comment Print

To treat any person as a Principal Officer, such person should be connected with the management or administration of the local authority/company or association or body. Such connection with the management or administration is the basis for treating any person as a Principal Officer.

No TDS on Agreement for Bulk Sale of Advertisement Space

October 17, 2019 3348 Views 0 comment Print

Times VPL Limited Vs CIT (Karnataka High Court) In the instant case, appellant company had enter into an agreement for bulk sale of advertising space with its’ holding company on a principal to principal basis by transfer of rights therein. The appellant under the agreement makes purchase of advertisement space and exercises control over such […]

GST on Compensation for obligation to refrain from an Act, or to tolerate an Act

October 17, 2019 20673 Views 0 comment Print

In re Goa Industrial Development Corporation (GST AAR Goa) Q. Is an obligation to refrain from an Act, or to tolerate an Act or a situation treated as supply of Goods/Services (Schedule II U/s 7 Scope of Supply). A. The compensation paid by GIDC would clearly qualify as ‘Supply’ under clause 5(e) of Schedule II […]

HC passes Strictures against CGST Authority for gross abuse of power

October 16, 2019 3633 Views 0 comment Print

Prakashsinh Hathisinh Udavat Vs State of Gujarat (Gujarat High Court) It is the case of the petitioner that the aforesaid seizure of his car and mobile phones was made without following the provisions of section 67 of the GGST Act and rule 139 of the Central Goods and Service Tax Rules, 2017 (hereinafter referred to […]

Doctrine of Partial Merger again upheld by Hon’ble Haryana Tax Tribunal

October 16, 2019 3270 Views 0 comment Print

Hon’ble Haryana Tax Tribunal has held that cost of consumables such as fuels used in hot mix plant for the purpose of execution of works contract, is liable to be deducted from the taxable turnover. The said view emerged based on the Supreme Court Judgment in the case of Gannon Dunkerely and Rule 25(2) read with Rule 25(3) of the Haryana Value Added Tax Rules.

Income shown as Salary Income First and Later claimed as Business Income- ITAT Remands Matter Back to AO

October 16, 2019 1305 Views 0 comment Print

The appeal has been filed against the addition of Rs. 11,12,211/- made by the learned AO and confirmed by the learned CIT(Appeals) treating the said amount as not commission but as salary income without allowing deduction u/s. 37 of the IT. Act, 1961, the expenses incurred to earn the said commission. But in fact, the entire receipt is commission and not salary as it would be clear going though the fact of the case.

Petition filed after 3 year of order suffers from laches: HC

October 16, 2019 651 Views 0 comment Print

Magnolia Mayura CHS Ltd. Vs Union of India (Bombay High Court) Petitioner’s appeal before the CIT(A) was dismissed on 31st March, 2016. The Petitioner’s application admittedly made on 9th August, 2016 after the Appeal was dismissed. This application came to be rejected on 22nd September, 2016, as there was no appeal pending. The order of CIT(A) […]

Section 11/12 exemption cannot be denied for discrepancies in Unsecured Loan Verification

October 16, 2019 1644 Views 0 comment Print

The issue under consideration is whether denial of the exemption under section 11/12 due to various discrepancies found in verification of unsecured loans is justified in law?

Depreciation allowed in 1st Year cannot be disallowed in subsequent year(s) without change in facts

October 16, 2019 3054 Views 0 comment Print

Once revenue allowed the deduction for the depreciation claimed by the assessee, then it is debarred to reject the claim of the assessee in the subsequent year on the WDV carried forward from the earlier assessment year.

GST on establishment of Integrated Cryogenic Engine & Stage Test facility for ISRO Complex

October 16, 2019 2247 Views 0 comment Print

In re TATA Projects Limited (GST AAR Tamilnadu) 1. Whether Supply of Engineering, Procurement & Construction (EPC) contract for establishment of Integrated Cryogenic Engine & Stage Test facility (ICET) where in both goods and services are supplied can be construed to be a Composite Supply in terms of Section 2(30) of CGST Act, 2017? The […]

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031