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Judiciary

GST on sub-contract pertaining to construction / widening of road by NHAI

September 6, 2019 16815 Views 2 comments Print

In re S.P. Singla Constructions Pvt. Ltd. (GST AAR Punjab) Question: What is the classification of the ‘Works Contract’ services pertaining to construction, erection, commissioning and completion of ‘Bridges’ provided by the applicant as a subcontractor to the Contractors who have been awarded the construction contract pertaining to construction / widening of roads by the […]

Addition for cash deposits only if source of deposits remains unexplained

September 6, 2019 2274 Views 0 comment Print

Addition on account of cash deposits can be made only if the source of the deposits remains unexplained. If, on the other hand, the cash deposits in the bank are from the regular books of account maintained by the assessee, then such transactions cannot be said to be unexplained.

No immunity to companies from prosecution for offences for which punishment prescribed is mandatory imprisonment

September 6, 2019 3345 Views 0 comment Print

 We hold that there is no immunity to the companies from prosecution merely because the prosecution is in respect of offences for which the punishment prescribed is mandatory imprisonment.

Mere Washing, Melting & packing of Bees wax not amounts to Manufacture

September 6, 2019 690 Views 0 comment Print

CESTAT Mumbai held that merely because certain processes are carried out on the raw bees wax to make the product in a presentable and better marketable form, without significant change in the character and use between the raw bees wax and the cleaned/purified bees wax, the processes undertaken cannot result in manufacture.

No late fees on TDS Statements filed before 1st June 2015

September 5, 2019 4884 Views 0 comment Print

Permanent Magnets Ltd. Vs DCIT (ITAT Mumbai) It has been held that the TDS statements which have been filed earlier to 01.06.2015 then no fee is leviable u/s 234E of Income Tax Act, 1961. FULL TEXT OF THE ITAT JUDGEMENT The above mentioned appeals have been filed by the assessee against the order dated 06.08.2018 […]

Writ filed challenging GST Portal Operation Mechanism for Annual Return filing

September 5, 2019 1761 Views 0 comment Print

Writ Petition Filed Before Hon’ble High Court Of Punjab And Haryana: M/S P.P. Automotive Pvt. Ltd., Challenging The Mechanism Of Operation Of Common GST Portal In Relation To The Filing Of Annual Return. Provisions: As per Section 44 and Section 35 of the CGST/HGST Act read with Rule 80 of the CGST/HGST Rules, the taxpayers […]

Rental income & Maintenance Charges from Operating Family Entertainment Center-cum-Mall is business income

September 5, 2019 1125 Views 0 comment Print

ACIT Vs M/s. E-city Projects Construction Pvt. Ltd. (ITAT Mumbai) The Tribunal in its Judgment, while appreciating the facts, has observed that the various malls are built by Assessee and are operated from the year 2001. The operational income received from the said activity, in the form of rent, and other service charges was consistently […]

Quantifiable Closing Allowance to Employees for business purpose is allowable

September 5, 2019 1281 Views 0 comment Print

DCIT Vs District Cooperative Bank Ltd. (ITAT Delhi) The assessee has claimed before us that the amount of closing allowance has been paid to the employees from year to year in percentage terms of salary and therefore duly quantifiable provision. The Ld. DR also could not controvert this fact that the amount of closing allowance […]

GST on supply of implants /artificial limbs during treatment & on supply of wheel chairs, tricycles

September 5, 2019 4113 Views 0 comment Print

The supply of artificial body parts / devices such as heart valve, artificial kidney, artificial joints, and coronary stents etc which are implanted in the body essentially by means of a surgical procedure can be classified as a composite supply where the principal supply is of healthcare services. In case of artificial body parts / devices which are worn / attached / fitted / fastened to the body for which a surgical procedure may or may not be required; the nature / taxability of supply has to be determined on a case to case basis considering the facts and circumstances of each case.

No taxable gain on Land Purchased & Sold as Agricultural land

September 5, 2019 2790 Views 0 comment Print

The issue under consideration is whether the land purchased by the assessee as agricultural land & whether the income from such sale is business income or capital gains?

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