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Judiciary

No Condonation of delay if reasonable cause not furnished by assessee

October 7, 2019 1878 Views 0 comment Print

Where assessee failed to show that delay in filing the appeal was not attributable to any factors which were beyond its control, plea raised by assessee for condoning the delay in filing appeal was dismissed.

ITC not available on goods & services used for construction of Tie-in pipelines, from FSRU to National grid: AAAR

October 7, 2019 2838 Views 0 comment Print

Tie-in pipeline under question will not be construed as plant and machinery, and hence the Appellant will not be entitled to avail the ITC of GST paid on goods and services used for construction of Tie-in pipelines, from the FSRU to the National grid as per the provision laid out in section 17(5)(c) and 17(5)(d) of the CGST Act, 2017.

AAR cannot give ruling in absence of any specific description of products

October 7, 2019 12768 Views 0 comment Print

In re Safset Agencies Pvt Ltd. (GST AAAR Maharashtra) The AAR has not given any ruling on collectibles/memorabilia and collectible books; the reason being given is that no specific details of such goods are given. In the grounds of appeal presented before the AAR, the appellant has described such goods as only ‘collectibles’ and ‘memorabilia […]

Non-holding of enquiry for determination of FMV- Matter remanded back

October 6, 2019 906 Views 0 comment Print

CIT Vs M/s. Vaani Estates Pvt. Ltd. (Madras High Court) Having heard the learned counsel for the parties and considering the aforesaid provisions, we are of the opinion that the learned Assessing authority was required to undertake the exercise of fact finding by determining the Fair Market Value of the Shares in question as required […]

Section 54B Deduction not claimed in return- Can CIT(A) Allow

October 6, 2019 2361 Views 0 comment Print

ITO Vs Smt. Uma Dnyanoba Bhintade (ITAT Pune) The limited issue which arises in the present appeal filed by Revenue is against directions of CIT(A) in allowing the benefit claimed under section 54B of the Act by Assessing Officer, in case the assessee has fulfilled all the conditions laid down in the said section. Admittedly, […]

Issuance & service of notice u/s 143(2) at wrong address within knowledge of AO was invalid

October 5, 2019 3462 Views 0 comment Print

Gautam Automobiles Pvt. Ltd. Vs ITO (ITAT Delhi) Conclusion: Since assessee has been consistently disclosing the address to the Revenue Department for the purpose of service and communication at 3, Tansen Marg, Bengali Market, New Delhi and this fact was also admitted by the A.O, therefore, there was no question of service of the notice […]

Reconstitution of firm does not constitute transfer u/s 45(4)

October 4, 2019 4734 Views 0 comment Print

Section 45(4) would not be attracted on the retirement of the two partners and consequential allotment of their share in the assets in the assessee-firm as there was no element of transfer of interest in the partnership assets by the retiring partner to the continuing partners. 

No penalty leviable if finding of AO on bogus purchases was set aside

October 4, 2019 3063 Views 0 comment Print

Court concurs with the CIT(A) and the ITAT that once the finding of the AO on bogus purchases was set aside, it could not be said that there was any concealment of facts or furnishing of inaccurate particulars by the Assessee that warranted the imposition of penalty under Section 271(1)(c) of the Act.

Service Tax or Vat cannot be levied on Incorporated Club/ Association: SC

October 4, 2019 14784 Views 3 comments Print

Hon’ble Supreme court, upheld the judgment or Ranchi club (Majorly Mutuality Concept). Explanation provided in the law doesn’t apply on incorporated bodies. Held that NEITHER SERVICE TAX NOR VAT can be levied on incorporated club/ Associations. I am sure going to impact taxability in GST era too.

ED not Liable to disclose Panama Papers details under RTI: CIC

October 4, 2019 975 Views 0 comment Print

Mr. Durga Prasad Choudhary Vs CPIO & Dy. Director Directorate of Enforcement (Central Information Commission) Appellant stated that the information sought by him had not been provided whereas this was a serious matter pertaining to corruption at higher levels. He drew the attention of the Commission to various media reports in National and International News […]

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