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Judiciary

Bogus Share Capital | Addition upheld | Creditworthiness of shareholders not proved

August 19, 2019 2172 Views 0 comment Print

M/s. Royal Rich Developers Pvt. Ltd. Vs DCIT (ITAT Mumbai) We are of the considered view that the onus is on the assessee company to bring on record the cogent evidences to prove the identity and creditworthiness of the share subscribers and genuineness of the transaction which in the instant case the assessee is not […]

Section 45(3) AO cannot disturb value of consideration recorded in books of firm

August 19, 2019 8466 Views 0 comment Print

Provision of section 45(3) are exhaustive and does not confer any power on the AO to adopt consideration different from what is recorded in the books of account of the firm. Thus, AO was not correct in adopting the market value of land as revalued subsequently by the firm in the books of account.

When mobilization advance for works contract will be treated as supply

August 19, 2019 33906 Views 0 comment Print

In re Siemens Ltd (GST AAR West Bangal) Whether mobilization advance for works contract is supply on the date on which it stands credited on the supplier’s account? After the GST comes into force, the works contract is no longer divisible into a contract for the supply of goods and a service contract. It is […]

GST on loading and unloading services of yellow peas at port

August 19, 2019 4953 Views 0 comment Print

In re TP Roy Chowdhury & Company Pvt Ltd. (GST AAR West Bangal) Whether service of loading and unloading of yellow peas at the port is exempted supply? The Applicant renders the service of loading, unloading etc. after the cargo of yellow peas, imported from a foreign land, reaches the port of entry. The produce […]

GST on evacuation & disposal of ash from ash pond of thermal power station 

August 19, 2019 16434 Views 0 comment Print

In re Novel Engineering & Technical Works Private Limited (GST AAR West Bangal) Whether evacuation and disposal of ash from ash pond of a thermal power station is an exempted supply? Scrutiny of the work as described in para 2.2 reveals that the work involves earthwork, excavation, sloping and earthmoving services involving making of embankments […]

Whether printing of advertising material is a supply of service?

August 19, 2019 2946 Views 0 comment Print

In re Macro Media Digital Imaging Pvt Ltd. (GST AAR West Bangal) The Applicant prints billboards, building wraps, fleet graphics, window graphics, trade show graphics, office branding, in-store branding, banners, signage graphics etc., commonly known as trade advertising material, classified under heading 4911 of the Tariff Act. The recipient provides on a digital media the […]

Ex-Gratia Payment to prematurely retiring despite absence of Scheme allowable

August 19, 2019 9369 Views 0 comment Print

DCIT Vs Prathamik Shikshak Sahakari Bank Ltd. (ITAT Pune) Brief facts relating to the issue are that the Assessing Officer was of the view that in the absence of any scheme formulated by the assessee bank, the amount paid as ex-gratia to prematurely retiring employees was not to be allowed as deduction. The case of […]

Profit embedded in purchases covered by bogus bills only can be taxed

August 19, 2019 1323 Views 0 comment Print

Tribunal applied the principle of taxing the profit embedded in such purchases covered by the bogus bills, instead of disallowing the entire expenditure.

Dabur Odomos classifiable under HSN 38089191 & chapter 38 of CTA

August 19, 2019 2484 Views 0 comment Print

In re Dabur India Ltd (GST AAAR Uttar Pradesh) In view of the foregoing discussions and findings we hereby uphold the Ruling in Order No. 25 dated 20-02-2019 of the Authority for advance ruling that ‘Odomos‘ is well covered under chapter 38 of Customs Tariff Act (CTA) and is classified under HSN 38089191. FULL TEXT […]

Mere disallowance of expense cannot result into concealment of income

August 18, 2019 2505 Views 0 comment Print

Alfa Bhoj Limited Vs ACIT (ITAT Delhi) With respect to the claim of the deduction of deferred revenue expenditure of Rs. 2950195/– the assessee submitted that the above expenditure has been incurred by the assessee for exploring the future business opportunities. The learned AO disallowed the above sum u/s 37 of the income tax act […]

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