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Judiciary

Interest awarded in motor accident claim cases not exigible to tax

August 9, 2019 13326 Views 0 comment Print

Shri Rupesh Rashmikant Shah Vs Union of India & Ors. (Bombay High Court) In the context of interest, there are three crucial dates. The date of the accident is a date in reference to which the entire compensation is calculated. The date of filing of the claim petition is the date from which the claimant […]

Seizure, absence of SCN | Right to unconditional release when not available

August 9, 2019 3306 Views 0 comment Print

Delhi High Court has observed that second proviso to Customs Section 110(2), stating that in case of provisional release, period of 6 months for SCN would not apply, is to make sure that at least seized goods are provisionally released quickly. The Court held that 2nd proviso, inserted by Finance Act, 2018, did not take away what was already available to assessee and hence the proviso was not applied retrospectively.

GST on Electricity reimbursements by Tenants to the landlords

August 9, 2019 35865 Views 0 comment Print

In re M/s Keysight Technologies International India Pvt. Ltd. (GST AAR Haryana) Much-awaited clarity was recently provided by AAR- Haryana wherein the applicant raised questions on Taxability of Electricity reimbursements by the Tenants to the landlords. There is this general practice wherein the Electricity connection is in the name of the building owners and Lease/Rent […]

LTCG from penny stocks cannot be treated as bogus if documentation is in order and no fault found by AO

August 9, 2019 5895 Views 0 comment Print

Chandra Prakash Jhunjhunwala Vs DCIT (ITAT Kolkata) FULL TEXT OF THE ITAT JUDGEMENT The captioned appeal filed by the Assessee, pertaining to assessment year 2014-15, is directed against the order passed by the Commissioner of Income Tax (Appeal)-21, Kolkata, which in turn arises out of an assessment order passed by the Assessing Officer u/s 143(3) […]

CAT directs govt to consider application rejected for delay in receipt of APARs for ITAT Member post

August 9, 2019 987 Views 0 comment Print

In these two OAs, the grievance of the applicants is that their applications for selection to the post of Member, Income Tax, Appellate Tribunal are not being treated as valid on account of the fact that their APARs were not received before the stipulated date i.e. 20.08.2018.

Analysis of Pioneer Judgment on constitutional validity of status of allottees as financial creditors

August 9, 2019 15588 Views 0 comment Print

Judgement  dated 9th August, 2019 of the Hon’ble Supreme Court of India in the matter of Pioneer Urban Land and Infrastructure Limited and Anr. Vs. Union of India & Ors. WP (C) No. 43/2019 and other petitions. While dismissing the various petitions filed by builders and upholding the constitutional validity of status of allottees as financial […]

Applying NP rate of 2% based on earlier rates on suppressed receipts justified

August 9, 2019 1971 Views 0 comment Print

AO was not justified in adding the entire suppressed receipts after rejection of books of accounts while making assessment u/s 153A as CIT(A) was fair enough to apply 2% of net profit rate on the alleged suppressed receipts by taking basis of net profit rate disclosed by the assessee for various assessment years which ranges from 0.5% to 2.05%.

Section 54B Deduction cannot be denied if AO not conducted any enquiry about use of land for Agriculture

August 8, 2019 1917 Views 0 comment Print

ITO Vs Mukesh Champaklal Shah (ITAT Pune) The definition of capital asset excludes agricultural land and certain criteria have been placed in this statue to qualify the land as agricultural land. The facts on records demonstrate that both the parties have accepted the land to be an agricultural land. The 7/12 extracts clearly demonstrates the […]

Denial of deduction u/s 10(23C)(iiiad) on account of running school for profit motive

August 8, 2019 1782 Views 0 comment Print

Sharing of the profit or income under the agreement between the parties and assessee and 80% of the income was going to the commercial entities clearly established the intention of the parties in this arrangements being for profit were not solely for providing education, therefore, the benefit of Section 10(23C)(iiiad) was not available to assessee.

No GST exemption on Deposit Work undertaken by State Transmission Utility

August 8, 2019 3024 Views 0 comment Print

In re Uttar Pradesh Power Transmission Corporation Limited (GST AAR Uttar Pradesh) i. Whether the Deposit Work undertaken by Applicant is an integral part of supply of services of transmission or distribution of electricity? Ans: No. ii. Whether the Deposit Work undertaken by Applicant is ancillary to the principal supply of transmission or distribution of […]

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