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Judiciary

AAAR ruling on Rates of GST on various services provided by club

July 8, 2019 3399 Views 1 comment Print

In re Bengal Rowing Club (GST AAAR West Bangal) AAAR ruling on Rate of GST on Supply of food from restaurant, Other services provided in restaurant like booking of personal dining area, Supply of food at events organised in the club premises like get-togethers and parties hosted by members of the Club,Supply of other services […]

Employees’ contribution to EPF & ESIC deposited beyond due date not allowable

July 8, 2019 6066 Views 0 comment Print

 Employees’ contribution to EPF and ESIC deposited beyond the due date prescribed under section 36(1)(va) would not be eligible for deduction even if deposited before the due date of filing the return of income tax under section 139(1).

Artemia cyst/biomass is classifiable under CTH 0511: AAAR

July 6, 2019 2178 Views 0 comment Print

In re Rajiv Gandhi Centre for Aquaculture (GST AAAR Tamilnadu) From the note furnished on the Artemia Project, it is seen that Cysts and biomass are harvested, processed, Packed and traded. It is stated that artemia cyst cannot be consumed with outer shell/chorion as such; cyst are incubated in sea water with light and aeration; […]

Assessee can raise issue of jurisdiction U/s. 153C during appellate proceedings

July 5, 2019 1899 Views 0 comment Print

Assessee was not precluded from raising the issue of jurisdiction under section 153C, merely because it did not object to the same during assessment proceedings and participating therein, as the issue was purely a legal issue and could be raised at any time in the course of appellate proceedings.

On failure to prove agriculture activity, Income can be treated as non-agricultural

July 5, 2019 1053 Views 0 comment Print

Whether the AO is correct in making addition in the return by considering the income as not from agriculture on the failure of Assessee to prove agriculture activity?

Speculation loss from share trading cannot be set off against F&O profits

July 4, 2019 3174 Views 0 comment Print

Loss occurred to assessee as a result of its activity of trading in shares (a loss arising from the business of speculation) was not capable of being set off against the profits which it had earned against the business of futures and options since the latter did not constitute profits and gains of a speculative business.

‘Operational Creditors’ having disputed claim can avail remedy U/s. 60(6) of I&B Code

July 4, 2019 14580 Views 0 comment Print

During the submissions, Mr. Harish Salve, learned Senior Counsel appearing on behalf of ‘ArcelorMittal India Pvt. Ltd.’ submitted that once a ‘Resolution Plan’ is approved then under Section 31 of the ‘I&B Code’, it is binding on the ‘Corporate Debtor’ and its employees, members, creditors, guarantors and other stakeholders involved in the ‘Resolution Plan’. According to him, this is the most important change brought by the ‘I&B Code’, over its progenitor- the ‘Sick Industrial Companies Act’.

Assessment U/s. 153C invalid if AO fails to records satisfaction note of searched person

July 4, 2019 3267 Views 0 comment Print

Initiation of assessment proceedings under section 153C in case of other person, i.e., assessee without  issuing proper satisfaction note by AO of the searched person in favour of AO having jurisdiction of such other person, the proceedings initiated u/s 153C  was void-ab-initio.

AO cannot make Addition for capital gains from penny stocks on mere statement recorded by INV Wing

July 4, 2019 5472 Views 0 comment Print

Addition under section 68 on account of bogus capital gains from penny stocks was not justified as AO had not conducted any independent and separate enquiry to prove that the transactions carried out by the assessee were not genuine or that the documents were not authentic and assessee had successfully discharged the onus cast upon him by provisions of section 68.

Section 153A: If No incriminating material found during search than no addition could be made

July 4, 2019 1341 Views 1 comment Print

Since no incriminating material was unearthed by AO during the course of search operation under section 132, therefore no addition could be made during the relevant assessment year under section 153A by reopening the assessment on the matter, which was examined earlier during original assessment.

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