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Judiciary

Section 14A disallowance when Expenditure incurred against earning of exempted income disallowed voluntarily by Assessee

August 20, 2019 4542 Views 0 comment Print

Pr. CIT Vs M/s. Lee & Murihead Pvt Ltd (Bombay High Court) Sub-section (2) of section 14A of Income Tax Act, 1961  provides that Assessing Officer would determine the amount of expenditure incurred in relation to income which not forms part of total income if he is not satisfied with the correctness of claim of […]

Section 80IB deduction cannot be allowed if not claimed by assessee in return filed by him

August 20, 2019 2826 Views 0 comment Print

EBR Enterprises Vs Union of India (Bombay High Court) Sub Section (5) of Section 80A of the Act mandates is that, if the assessee fails to make a claim in his return of income for any deduction under the provisions specified therein, the same would not be granted to the assessee. This condition or restriction […]

AAR cannot give ruling on a Project which is not been awarded to Applicant

August 20, 2019 1071 Views 0 comment Print

We also find that CIDCO has awarded the construction contract of the project of “Development of Infrastructure facility for Passenger Water Transport Terminal at Nerul, Navi Mumbai to ‘Ajwani-Kargwal Joint Venture’, and not to the applicant. Thus the applicant is not a person competent to apply for ruling as provided under Section 95 of the GST Act.

GST on fees received by school from school(s) for participation in conference

August 20, 2019 4716 Views 0 comment Print

In re by M/s. Emrald Heights International School (GST AAR Madhya Pradesh) a. Will the consideration received by the school from the participant school(s) for participation of their students and staff in the conference would be exempted under entry No. 66 or entry No. 1 or entry No. 80 or any other entry of the […]

GST Payable on Construction Cost recovered by Electricity Company from consumers

August 20, 2019 3087 Views 0 comment Print

The cost of construction/ erection of Bays/ Sub-Stations, Overhead lines and Underground Cables and other charges including Pro-rata charges, supervision charges, proportionate line charges, registration fees and operation and maintenance charges, recovered by GETCO from the consumers, do not form part of the value of supply of service of “Transmission of Electricity” under Section 15 of the Central Goods and Service Tax Act, 2017.

Section 148 Notice based on Investigation report sustainable if AO enquired before issuing such Notice

August 20, 2019 4485 Views 0 comment Print

The issue under consideration is whether the re-opening of the assessment u/s 147 based on information from investigation report is justified in law?

Payments to teachers/ lecturers/ staff is covered u/s 192 and not u/s 194J

August 19, 2019 13053 Views 0 comment Print

Principal Sri Sathya Sai College for Women Vs ITO (ITAT Jaipur) Assessee college has issued appointment letters to teachers/ lecturers/ staff members from time to time to whom salary was paid. The monthwise salary sheet was also prepared by the college on the basis of the attendance register of the employees. The salary was paid […]

DGAP cannot suo motu issue a notice requiring a company to submit information on all its products

August 19, 2019 1077 Views 0 comment Print

Reckitt Benckiser India Private Limited Vs Union of India (Delhi High Court) Grievance of the Petitioner is that Director General of Anti Profiteering (DGAP) has by the impugned notice dated 8th/9th April, 2019 sought information on all products of the Petitioner. In this context, he has referred to the recent amendment by which Sub-Rule 5 […]

Cenvat credit on renting of crates for carrying goods to buyer’s premises

August 19, 2019 1179 Views 0 comment Print

M/S. Lucas TVS Ltd. v. Commissioner of GST & Central Excise (CESTAT Chennai) Observing that as per definition of ‘input services’ the restriction to avail credit up to the place of removal was applicable only for outward transportation of goods, CESTAT Chennai has allowed Cenvat credit of tax paid on renting of crates used in […]

Bogus Share Capital- Onus is on assessee to prove genuineness of transaction

August 19, 2019 1035 Views 0 comment Print

M/s. Royal Rich Developers Pvt. Ltd. Vs Pr. CIT (Bombay High Court) The Assessing Officer recorded that there was no reason for high premium of Rs.30 per share being paid by the investors. The assessee company had carried out no business during the entire period, except for collection of share application money. The responding investors […]

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