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Judiciary

Tax administration not expected to collect taxes based on ignorances of assessee

August 21, 2019 1653 Views 0 comment Print

Shri Dilpreet Singh Vs ITO (ITAT Chandigarh) Section 148 Conclusive proof as to escapement of income at notice stage not required At the stage of issue of notice under section 148 of Income Tax Act, 1961, the only question to be seen is whether there was relevant material, on the basis of which a reasonable […]

Expense on Valuation of Know-How allowable under section 37(1)

August 21, 2019 2406 Views 0 comment Print

M/s. Theis Precision Steel India Private Limited Vs ITO (ITAT Mumbai) From perusal of Section 37 of the Act, we find that all expenditure incurred in the course of business of the assessee is allowable except personal expenditure and capital expenditure. Admittedly, professional fee has been paid for valuation of know-how of business and, therefore, […]

GST on  job work charges for manufacturing of Poultry Feed/Cattle Feed

August 21, 2019 14982 Views 0 comment Print

The activity of manufacturing of Cattle Feed / Poultry Feed by the applicant on job work basis is not ‘Support services to agriculture, forestry, fishing, animal husbandry’. The activity of manufacturing of Cattle Feed / Poultry Feed by the applicant on job work basis falls under heading 9988 and attracts GST @ 5% (CGST 2.5% + SGST 2.5%).

HC issues notice on issue of correction of GSTR 3B and GSTR 1

August 21, 2019 13221 Views 3 comments Print

Petitioner-Assessee has to file his annual return for the Assessment Year 2017-18 by 31.8.2019 under the CGST and HGST. However, it is handicapped on account of inadvertent mistakes/errors having occurred while filing statutory forms GSTR-1 and GSTR-3B, which can be corrected in view of legal provisions, however, same are not being accepted by official portal of the department.

Section 50C provisions cannot be applied for section 69B addition

August 20, 2019 8274 Views 0 comment Print

Gayatri Enterprise Vs ITO (Gujarat High Court) Provisions of Section 50C of the Income Tax Act cannot be applied for the purpose of making addition under section 69B of the Act. We fail to understand why section 50C of the Act has been brought into play having regard to the facts of the present case. […]

No adjustment if impact of outstanding receivable considered in Working Capital

August 20, 2019 3324 Views 0 comment Print

M/s. Barco Electronic Systems (P.) Ltd. Vs. DCIT (ITAT Delhi) Facts of the Case ♣ Barco Electronic Systems Pvt. Ltd. ( taxpayer) is engaged in business of manufacturing of projectors and parts, trading in visual display products and provision of software development services. ♣ During the year under consideration, the taxpayer entered into various international […]

SAT reduces fine for unintentional failure to include Audit Report in XBRL

August 20, 2019 2982 Views 0 comment Print

SPL Industries Ltd. Vs BSE Limited (SAT Mumbai) Unintentional Failure on part of the Company to include the Audit Report in the Financial Results in XBRL uploaded on BSE website, for which BSE imposed fine of Rs. 5,54,600. However SAT reduced the penalty to Rs. 2,50,000 on the grounds that there was no deliberate intention […]

Interest on Gross amount without Allowing ITC- HC stays Interest Recovery

August 20, 2019 6225 Views 0 comment Print

In the case of Megha Engineering and Infrastructures Ltd. High Court has directed that to GST Department that in the event interest is not paid under Section 50 thereof, there shall be a direction to respondent to not to initiate any coercive action against the petitioner until further orders.

Depreciation Vs. Actual cost: Government subsidy for setting up new industry

August 20, 2019 7293 Views 0 comment Print

Pr. CIT Vs M/s. Welspun Steel Ltd. (Bombay High Court) If Government subsidy was intended as an incentive to encourage entrepreneurs to move to backward areas and establish industries. In such a case, specified percentage of the fixed capital cost, which was the basis for determining the subsidy, would be granted. The Court held that, […]

Delay in filing of TDS refund due to inadvertence of auditor is Bonafide mistake

August 20, 2019 1215 Views 0 comment Print

G. V. Infosutions Pvt. Ltd. Vs DCIT (Delhi High Court) The rejection of the petitioner’s application under Section 119(2)(b) is only on the ground that according to the Chief Commissioner’s opinion the plea of omission by the auditor was not substantiated. This court has difficulty to understand what more plea or proof any assessee could […]

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