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Judiciary

Rajasthan HC grants Bail to Accused in alleged ITC Fraud Case

October 14, 2019 1881 Views 0 comment Print

Rakesh Kumar Khandelwal Vs Union of India (Rajasthan High Court) Petitioner has placed before the Court various Tax Invoices and e-Way Bills through which purchases have been made by the firm and the record of the Department from which it is revealed that Firms were in existence. As per Rules 25 of the GST Rules, […]

CIT(A) cannot dismiss an appeal in a summary manner

October 14, 2019 1242 Views 0 comment Print

On perusal of the impugned orders would indicate that the ld.CIT(A) has simply concurred with the  AO  without formulating specific points and taking note of details available before the Id.CIT(A). In a way, the appeals were dismissed in summary manner. This act is amounting to miscarriage of justice. This exercise of power at the end of the ld.CIT(A) is not in coherence with the mandate of section 250(6) of the Act, therefore, ITAT set aside all these orders and restore all the issues in these three assessment years to the file of the Id.CIT(A) for deciding them on merit.

Loss claimed on forward contracts is allowable

October 14, 2019 1668 Views 0 comment Print

Emmsons International Ltd. Vs ACIT (ITAT Delhi) Exchange differences on foreign currency transactions in compliance of AS-11 need be considered in the accounts and the losses and profit arising therefrom need to be recognized as such for Income Tax purposes. It is further held that when the Revenue taxed the gains which accrued to the […]

Income from commercial exploitation of properties is business income

October 14, 2019 2634 Views 0 comment Print

Where assessee’s main objects were acquiring, constructing, operating and maintaining of multiplexes, business centres, etc., income derived from such activities was to be treated as business income and not income from house property.

ITAT restore the file to AO – Assessee to produce all relevant documents, evidences to AO

October 14, 2019 1851 Views 0 comment Print

M. Shanthi Vs DCIT (ITAT Chennai) It is noticed that as the assessee has not produced the evidences before the Assessing Officer, and has given reasonable and justifiable cause for the same, in the interest of justice, the issues in this appeal are restored to the file of Assessing Officer for re-adjudication. The liberty is […]

ED cannot attach property of Corporate Debtor undergoing CIRP without prior approval of Appellate Tribunal

October 14, 2019 4323 Views 0 comment Print

The Director, Deputy Director and other officers of ‘Directorate of Enforcement’ are prohibited from attachment of any property of the ‘Corporate Debtor’ (Bhushan Power and Steel Limited) without prior approval of this Appellate Tribunal. The property already attached by them be released in favour of the ‘Resolution Professional’ immediately.

ITAT upheld addition for accommodation entry receipts as LTCG

October 14, 2019 3435 Views 0 comment Print

Suman Poddar Vs ITO (ITAT Delhi) The evidences put forth by the Revenue regarding the entry operation fairly leads to a conclusion that the assessee is one of the beneficiaries of the accommodation entry receipts in the form of long-term capital gains. The assessee has failed to prove that the share transactions are genuine and […]

ITAT Can Direct CIT To Register A Trust Under Section 12AA

October 14, 2019 1782 Views 0 comment Print

The income tax Appellate Tribunal while hearing an Appeal under Section 254(1) in a matter where registration under Section 12(AA) has been denied by Commissioner income tax can itself pass an order directing commissioner to grant registration in case the income tax Appellate Tribunal disagrees with the satisfaction of the Commissioner on the basis of material already on record before the Commissioner.

No ITC on inputs/ capital goods for creation of warehouse for renting

October 14, 2019 6165 Views 0 comment Print

 In re Dhingra Trucking Pvt. Ltd. (GST AAR Haryana) Q1. Whether input tax credit of GST in respect of inputs/ capital goods used or intended to be used for creation of covered logistics facility space (warehouse) to be rented out for storage purposes be eligible for input tax credit under the provisions of section 16 […]

Intermediary services not exempt under GST Notification 12/2017 CT (Rate)

October 14, 2019 1416 Views 0 comment Print

In re Mcdonald Pelz Global Commodities India Pvt. Ltd. (GST AAR Haryana) Mr. A appoints Mr. B to procure certain goods from the market. Mr. B identifies various suppliers who can provide the goods as desired by Mr. A, and asks the supplier (Mr. C) to send the goods and issue the invoice directly to […]

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