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Judiciary

Deemed Dividend – Shareholders of different holdings cannot be clubbed to apply Section 2(22)(e)

September 11, 2019 5510 Views 0 comment Print

The Tribunal noticed that the assessee was holding 1.07% shares of sister concern whereas the partners of the assessee firm Shri Balbir Kumar and Shri Harsh Kumar were holding 6.64% and 6% shareholding respectively.

Order contrary to subsequent SC judgement can be said to suffer from mistake apparent from record

September 10, 2019 6096 Views 0 comment Print

Explore the ITAT Mumbai judgment in Anandkumar Jain vs ITO, highlighting rectification under Section 154 for deduction under Section 80HHC based on subsequent Supreme Court decisions.

Notice U/s. 143(2) invalid if issued without application of mind

September 10, 2019 5217 Views 0 comment Print

Satish Kumar Vs ITO (ITAT Delhi) It is an admitted fact that assessee filed reply in response to the notice under section 148 of the I.T. Act and submitted before A.O. that original return filed before him may be treated as return filed in response to the notice under section 148 of the I.T. Act. […]

TDS not deductible on Software Purchased with mere ‘right to use’ 

September 9, 2019 31167 Views 0 comment Print

Assessee had only purchased software internally developed by non-resident and non-resident had not passed the copyright and only ‘right to use’ had been given to assessee and as such ‘right to use’ was akin to purchase of copyrighted article and in the absence of purchase of any copyright in the article, the assessee could not be held liable to deduct tax at source out of such payments.

Consider Net Interest expenses for section 14A disallowance: ITAT Delhi

September 9, 2019 1662 Views 0 comment Print

DCIT Vs M/s. DLF Assets Pvt. Ltd. (ITAT Delhi) On the aspect of disallowance made by the Ld. AO by invoking the provisions u/s 14A of the Act r/w Rule 8D (2) (ii) of the Rules, it is the submission of the Ld. AR that the interest expenses net of interest income may be considered […]

Aadhaar data cannot be shared : CIC

September 9, 2019 1362 Views 0 comment Print

Explore the legal battle: Anupam Saraph vs. UIDAI. The dispute over Aadhaar data security, personal information, and disclosure regulations. Central Information Commission’s decision analyzed.

L&T Case: Classic example of change of opinion

September 9, 2019 4938 Views 0 comment Print

The assessee had challenged reopening of assessment on two grounds. The CIT(A) had accepted the arguments of the assessee, in light of provisions of section 147 of the Act, and the assessment order passed by the AO u/s 143(3) of the Act, dated 29/12/2018 and came to the conclusion that the assessment has been reopened on change of opinion without there being any tangible material, in the possession of the AO, which suggest escapement of income.

GST on supply of services for managing establishing & maintenance of hospitals

September 9, 2019 2013 Views 0 comment Print

In re West Bengal Medical Services Corporation Ltd (AAR West Bengal) The Applicant has been set up under Notification No. HF/SPSRC/WBMSC/40/2008/162 dated 17/11/2008 of the Department of Health & Family Welfare, Government of West Bengal, as a fully owned body for managing the procurement of drugs and equipment for the medical colleges and hospitals and […]

GST payable on Supply of cleaning & sweeping service to hospitals

September 9, 2019 34941 Views 1 comment Print

In re Altabur Rahaman Mollah (M/s Reliable Hospitality service) (GST AAR West Bangal) The Applicant, stated to be supplying facility management services like mechanised and manual cleaning, housekeeping, security services etc. to various Central Government and State Government hospitals, seeks a ruling as to whether exemption from payment of GST is available for such supplies […]

No lethargy of department in not filing up posts of ITAT administrative staff

September 9, 2019 711 Views 0 comment Print

The petitioner’s grievance that the work of important Tribunal like Income Tax Appellate Tribunal should not be allowed to suffer on account of shortage of administrative staff is perfectly legitimate, however, we do not find any lethargy on the part of the Department in not filing up said posts.

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