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Judiciary

Order passed by ARA is void ab-initio if obtained by fraud/suppression/misrepresentation

September 9, 2019 3399 Views 0 comment Print

In re Asstt. Commr. of SGST (D-819) Vs. Arihant Enterprises (GST AAAR Maharashtra) Sec. 98(2) provides that the application shall not be admitted where the question raised is already pending under any of the provisions of this act. The term ‘any of the provisions of this act’ includes investigations proceeding under section 67. It is […]

SAT quashes SEBI’s ban on an international professional services firm

September 9, 2019 2292 Views 0 comment Print

Price Waterhouse & Co. Bangalore LLP & Ors. Vs SEBI (SAT Mumbai) SAT Held that Order of Whole Time Member (WTM) of SEBI debarring the PW firms to audit listed company on the ground of PW network or projecting it as a PW brand cannot be sustained. There is no doubt that there has been […]

Section 10(23C)(vi) Exemption cannot be denied to Assessee running school for educational purposes

September 8, 2019 7296 Views 0 comment Print

M/s Ram Lal Bhasin Public School Vs CIT (ITAT Amritsar) For claiming exemption u/s 10(23C)(iiiad) of the Act, the entity must be an University or other educational institute existing solely for educational purpose and not of the purposes of profit. In the present case it is not in dispute that the assessee is a school […]

Penalty cannot be levied for mere disallowance of claim of deduction u/s 54

September 8, 2019 2457 Views 0 comment Print

ITO Vs Shri Kantilal G. Kotecha (ITAT Mumbai) We find that with regard to claim of deduction u/s 54 of the Act, this tribunal in quantum proceedings had granted deduction u/s 54 of the Act to the extent of payments made within the prescribed limitation period i.e payments made within one year prior to the […]

Receipt from a right to sue cannot be considered capital gain U/s. 45

September 7, 2019 3429 Views 0 comment Print

ACIT  Vs Shri Anil Gulabdas Shah (ITAT Mumbai) The undisputed position that emerges is the fact that the property under consideration was subject matter of extensive litigation which ultimate got culminated into sale of the property by the assessee in terms of consent terms dated 03/01/2012 between the assessee and certain other parties. The assessee, […]

Section 54F | Holding period | Computation from allotment or possession date

September 7, 2019 3651 Views 0 comment Print

 As allotment of property was final and payment of purchase consideration had been duly made before allotment, therefore, holding period of property had to be computed from the date of allotment, and not from the date of taking delivery of possession which was only a follow-up action.

Capital Gain tax liable on property sold by bank to recover loan given to group concerns

September 6, 2019 26385 Views 0 comment Print

The issue under consideration is whether Capital Gains will be applicable in case where Bank sold the property of group concern as it failed to repay the loan?

No addition for gifts if Assessee proves Identity, capacity & genuineness of donor

September 6, 2019 1212 Views 0 comment Print

Gifts are normally made by relatives out of natural love and affection and do not necessarily require any particular occasion. Assessee had discharged his burden by furnishing necessary details before AO. In the absence of anything to show that the transactions were by way of money laundering,

Homebuyers cannot be Made to wait Indefinitely for Possession: NCDRC

September 6, 2019 2511 Views 0 comment Print

National Consumer Disputes Redressal Commission orders M/s. Golden Peacock to refund 4,12,98,926/- with 12% interest for delayed possession. Case details.

Demand of Service Tax on Ocean Freight under RCM notification is Ultra Vires

September 6, 2019 24765 Views 0 comment Print

A perusal of Section 94 shows that there is no power conferred upon the Central Government to make any Rules or Notifications for extraterritorial events; or in other words, for services rendered and consumed beyond the “taxable territory” i.e. beyond India. Obviously, the Act itself is not applicable to the territories other than India and therefore the Executives cannot have any power to make Rules for territories beyond India.

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