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Judiciary

Registration U/s. 12AA cannot be denied to trust established to comply CSR obligations

June 2, 2019 3081 Views 0 comment Print

Escorts Skill Development Vs CIT (Exemptions) (ITAT Delhi) Merely because of the fact that the applicant company has been established to comply with the CSR obligations, the registration u/s 12AA of the Act cannot be denied, particularly when CSR activities are also charitable activities as defined under the Act. FULL TEXT OF THE ITAT JUDGMENT […]

Exemption U/s. 54F available on capital gain on sale of depreciable assets

June 2, 2019 4875 Views 0 comment Print

ITO Vs Smt. Jaya Deepak Bhavnani (ITAT Mumbai) Legal fiction created in Section 50 is to deem capital gain as short term capital gain and not to deem an asset as short term capital asset and therefore it cannot be said that Section 50 converts long term capital asset into short term capital asset and […]

Constitute GST Tribunal in Lucknow within 3 months: HC

June 2, 2019 2106 Views 0 comment Print

Oudh Bar Asso. Vs U.O.I. (Allahabad High Court) In the present case, the legislation, namely, GST Act, 2017 has been enacted and has come into force with effect from 01.07.2017. Under the said enactment, various authorities have to be set up, namely, GST Council, and the GST Council was authorised to make recommendations to the […]

CIT(A) cannot declare TDS return filed by assessee as invalid

June 1, 2019 1008 Views 0 comment Print

CIT(Appeals) had no power in the appeal in the present case to declare the return of TDS filed by the assessee as non est in law. In that view of the matter, we are of the view that the conclusion of the CIT(Appeals) holding that return of TDS filed by the assessee is non est in law is not valid in the eyes of law and the said direction is directed to be deleted and the order of the CIT(A) to this extent is held to be bad in law.

Marketing services under Foreign Immigration Advisor to Consultant Manager constitutes Intermediary services

June 1, 2019 9153 Views 0 comment Print

In re Mayank Jain (GST AAR Maharashtra) Question 1) Whether the Marketing services to he supplied by the Applicant under the Foreign Immigration Advisor to the Consultant Manager constitutes a supply of Support services classified under SAC 99S5 or Intermediary service classifiable under SAC 9961 /9962 or any other heading? Answer :- The services to be […]

18% GST Payable on Plastic handles for motor vehicle doors

June 1, 2019 4470 Views 0 comment Print

In re M/s Nexture Technologies Private Limited (GST AAR Maharashtra) The issue before us is in respect of classification of goods manufactured by the applicant. namely: Plastic handle for motor vehicle doors (including lever handle); Plastic fittings for such for motor vehicle’s doors such as Bracket, Housing, Bracket housing, Gasket, Stator; and Glove box locking. […]

Misconduct if a CA indulge in other business without permission

June 1, 2019 13485 Views 0 comment Print

Appellant in this case was actually involved in the business of the company and he formed this company along with his family members in order to venture into a new business apart from the profession of chartered accountancy. The Appellant did indulge in the business without the permission of the Council. He was, therefore, rightly held guilty of professional misconduct by the Board of Discipline.

ITC (GST) denial for default of supplier- Delhi HC issued notice to UOI

June 1, 2019 55335 Views 1 comment Print

Input Tax credit (GST) Can not be denied to recipient for default on part of the supplier- Delhi High Court issued notice to UNION OF INDIA. Delhi HC issues notice in writ petition challenging Section 16(2)(c), second proviso to Section 16(2)(d) and proviso to Section 16(4) of Central Goods and Service Tax Act, 2017 (CGST Act);

DCF Valuation method not sustainable in absence of evidence to suitability

June 1, 2019 4785 Views 0 comment Print

Agro Portfolio Private Ltd. Vs ITO (ITAT Delhi) We are unable to accept the contentions of the assessee that in view of the provisions under section 56(2)(viib) of the Act read with Rule 11UA(2) of the Rules the Ld. AO had no jurisdiction to adopt a different method than the one adopted by the assessee, […]

Amount claimed to be received as nominee of deceased friend without supportive documents is taxable

May 31, 2019 8952 Views 1 comment Print

Shri Satyendra Nath Kukreja Vs ITO (ITAT Delhi) AR for the assessee challenging the impugned order passed by ld. CIT (A) contended that since the assessee has received the amount in question as a nominee of Shri Tek Chand Bhardwaj after his death being a childhood friend, the same is not liable to be taxed; […]

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