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Judiciary

Section 12AA Application cannot be rejected without affording opportunity of being heard to assessee

June 14, 2019 6093 Views 0 comment Print

As CIT(E) rejected assessee’s application for registration ex-parte under section 12AA without affording reasonable opportunity of being heard to assessee in terms of section 12AA(1)(b)(ii), therefore, the matter was restored back to the file of the CIT (Exemptions) for fresh examination and adjudication.

NAA found builder guilty of Additional GST realisation by issuing incorrect invoices

June 14, 2019 1689 Views 0 comment Print

Shri Deepak Kumar Khurana Vs M/s Sattva Developers Pvt Ltd. (National Anti-Profiteering Authority) The Respondent has himself admitted that there has been benefit of ITC derived and the benefit has been passed on by him to all his customers with whom agreements were entered on or before 30.06.2017. According to him the benefit has been […]

No deduction u/s 36(1)(va) if payment made after due date prescribed in respective statute

June 14, 2019 15633 Views 1 comment Print

Deduction under Section 36(1)(va) with regard to Employees’ Provident Fund, Labour Welfare Fund and Employees’ State Insurance was not  allowable where contribution had been made after the due date prescribed in the respective enactments.

Reassessment without issuance of mandatory notice u/s 143(2) was invalid

June 14, 2019 3372 Views 0 comment Print

Reassessment order passed u/s 147 r.w.s 143(3) by issuing notice under section 148 but without issuance of notice u/s 143(2)  was invalid and void ab initio and thus liable to be quashed.

Goods Seizure order under GST imposing tax & penalty was appealable

June 13, 2019 1092 Views 0 comment Print

The petitioner challenges Ext.P5 order made under Section 129 of KSGST Act. Ext.P5 is an appealable order. The petitioner by furnishing Bank Guarantee has obtained release of goods intercepted and detained by the authorities under Section 129.

Carry forward of excess of expenditure over income allowable in case of trust

June 13, 2019 27627 Views 0 comment Print

Assessee-trust was entitled to claim excess expenditure over income being deficit to be carried forward for setting it off in subsequent years as income derived from  trust property had  to be computed on commercial principles and if commercial principles were applied then adjustment of expenses incurred by trust for charitable and religious purposes in  earlier years against income earned in subsequent year would be regarded as application of income in the subsequent year having regard to  benevolent provisions contained in section 11 and such adjustment would be excluded from  income of the trust under section 11(1)(a).

Rental income of developer cum builder to be taxed as house property income instead of business income

June 13, 2019 4236 Views 0 comment Print

Nature of income which had been rental earning from the house property would not change just because it had been received by assessee-company formed with the object of carrying out business as builder and developer, therefore, AO had, rightly assessed the rental receipts under the head Income from house property.

Cenvat credit admissible on legal consultancy services: CESTAT

June 13, 2019 1827 Views 0 comment Print

M/s. Cenza Technologies Pvt. Ltd. Vs Commissioner of G.S.T. & Central Excise (CESTAT Chennai) Relying on Commissioner of Central Excise Vs. M/s. HCL Technologies reported in 2015 (37) S.T.R. 716 (All.)  CESTAT allowed Cenvat credit on legal consultancy services. in HCL technologies it was held that “6. As regards Consultancy Services, these were comprised of […]

Sec. 54 exemption cannot be denied for non-filing of Income Tax Return

June 13, 2019 8643 Views 0 comment Print

Assessee was entitled to claim long term capital gain exemption under section 54 on sale of property and the same could not be denied on the ground that income tax return was not filed declaring such income.

Penalty under Section 114 of Customs Act cannot be imposed on CHA

June 13, 2019 9288 Views 0 comment Print

Kailash Bahiru Jadhav Vs Commissioner of Customs (Export) (CESTAT Mumbai) Customs House Agents Licensing Regulation, 2004 which is a comprehensive self-contained scheme for licensing, operations, monitoring and regulation, is a standalone provision. Indeed it is a special provision in the Customs Act, 1962 by which, a whole range of activities in connection with which proceedings […]

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