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Disciplinary proceedings against CIT cannot be quashed prior to conclusion of enquiry

May 27, 2019 4194 Views 0 comment Print

Shantam Bose Vs. Union of India (Kerala High Court) After the initiation of proceedings the petitioner was promoted to the post of Commissioner of Income-tax (Appeals) as per order dated 12.1.2012. According to him, the factum of his promotion to higher post is indicative of the fact that the official respondents are not considering the charges […]

Expenditure on improvements on leasehold premises is capital expenditure

May 27, 2019 32352 Views 0 comment Print

In other words, the amount so incurred would be capitalized entitling the assessee to depreciation as per the eligible rate. The learned Members of the ITAT held that the facts of the instant case precisely fall within the ambit of Explanation 1 to section 32 and upheld the impugned order treating such amount as capital expenditure, eligible for depreciation.

SC denies bail in Circular Trading / Fraudulent GST ITC Claim case

May 27, 2019 9858 Views 0 comment Print

Supreme Court has upheld Telangana High Court judgment in the case of P.V. Ramana Reddy Vs Union of India & Ors. that held that a person can be arrested by the competent authority in cases of Goods and Service Tax (GST) evasion.

Commissioner only can extend time to file revised Form GST TRAN-1: HC

May 27, 2019 996 Views 0 comment Print

As per Rule 120A of the CGST Rules, 2017 application for extending the time period for submitting the revised FORM GST TRAN-1 electronically has to be extended by the Commissioner and not by any other subordinate authority.

Section 12AA Trust Registration Cancellation justified for Receipt of unaccounted capitation fee by educational trust

May 27, 2019 2076 Views 0 comment Print

Receipt of capitation fee by educational institution and non-recording thereof by assessee, educational trust, in regular books of account was in total violation of section 13(1)(c) and, therefore, cancellation of registration under section 12AA was justified.

Reopening in absence of fresh tangible material to form an opinion is invalid

May 26, 2019 2043 Views 0 comment Print

Best Cybercity (India) Pvt. Ltd. Vs. ITO (Delhi High Court) In the present case all the material that was necessary for the AO to form an opinion regarding the transaction involving the Assessee and PACL was already available with the AO. There was no fresh tangible material on the basis of which the AO could […]

Brought forward long-term capital loss and brought forward business loss can be set off against STCG computed U/s. 50

May 26, 2019 5466 Views 0 comment Print

ITO Vs M/s Smart Sensors & Transducers Ltd. (ITAT Mumbai) As regards to set off of business loss against gain on sale of depreciable asset of factory building by the assessee, we find that the co-ordinate Bench of the Tribunal in the case of M/s. Raj Shree Roadlines vs ITO (ITA No.1627/Mum/2012) for A.Y . […]

TDS U/s. 194C deductible on AMC for repairs/maintenance of computers

May 26, 2019 257145 Views 0 comment Print

Expenditure on account of AMC for repairs and maintenance of computers installed at assessee’s office premises were payments of contractual nature without involving any technical or professional skill or knowledge. Therefore, TDS was rightly deducted by assessee under section 194C, instead of 194J.

Commission not allowable in absence of evidence of rendering services

May 26, 2019 4230 Views 0 comment Print

Assessee has not produced any evidence before the authorities below regarding as to what services have been rendered by Shri Sarabjit Singh for the business of the assessee. No confirmation from Shri Sarabjit Singh was filed before the authorities below.

AO must consider Claim made before him through letter

May 26, 2019 3357 Views 0 comment Print

ITO Vs Sanjay Gurudasmal Chawla (ITAT Mumbai) We observe that the claim made by the assessee in the form of a letter and by way of revised computation of income in the course of the assessment proceedings was never entertained by the Assessing Officer. The Assessing Officer has not gone into the claim at all. […]

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