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Judiciary

Rule of Merit cannot be compromised & obstructed by unreasonable time schedule for admission.

May 17, 2019 3048 Views 0 comment Print

Rajiv Pratap Singh Vs Guru Ghasidas Vishwavidyalaya (Chhattisgarh High Court) The Supreme Court in case of Asha v. Pt. B.D. Sharma University of Health Sciences and others (supra) has held that if the rule of merit is defeated by inefficiency, inaccuracy or improper method of admission, then it can be interfered and otherwise it would […]

Income from sale of cocoons cannot be regarded as agricultural income

May 17, 2019 5952 Views 0 comment Print

Shri. B. S. Byregowda (HUF) Vs ITO (ITAT Bangalore) Income from sale of cocoons cannot be regarded as agricultural income in view of the decision of the Hon’ble Apex Court in the case of K. Lakshmanan & Co. Vs. CIT (2000) 108 Taxman 167 (SC); wherein it was held that income derived by the assessee […]

Inter-corporate deposit cannot be termed as loan for section 2(22)(e)

May 17, 2019 24753 Views 0 comment Print

Amount advanced by Portescap to Videojet in which assessee was a common shareholder holding substantial shareholding could not be termed as loan falling within the purview of sec. 2(22)(e) as the same was shown in the balance-sheet of Portescap as well as Videojet as inter-corporate deposit (ICD).

Delhi HC restrains I-T dept from taking action Gautam Khaitan

May 17, 2019 733 Views 0 comment Print

Government cannot exercise powers under Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, prior to statute itself coming into force.

GST payable on mining lease Royalty Paid to State Govt under RCM

May 17, 2019 40893 Views 3 comments Print

In re M/s Vinayak Stone Crusher (GST AAR Rajasthan) a. The service provided by the State of Rajasthan to the applicant for which royalty is being paid is classifiable under 997337. b. The rate of GST on service provided by the State of Rajasthan to the applicant for which royalty is being paid is 18% (SGST […]

GST on conference and exhibition Services to delegates & exhibitors

May 17, 2019 103380 Views 0 comment Print

In re Ms. All Rajasthan Corrugated Board and Box Manufacturers Association (GST AAR Rajasthan) I. The Service provided by the applicant to the delegates and exhibitors is a composite supply and classifiable under Service Code 998596 having Service description ‘Events, exhibitions, conventions and trade shows organizations and assistance services’ as per Annexure: Scheme of Classification […]

Addition of premium amount cannot be made solely on the basis of valuation of loss-making company

May 17, 2019 3378 Views 0 comment Print

India Today Online Pvt. Ltd. Vs ITO (ITAT Delhi) Conclusion: Addition of difference premium amount of Rs. 20/- per share in assessee-company on the ground that M company was a loss-making company was not justified as assessee had substantiated the shares issued at Rs. 30 per share was less than the FMV  and the underlying […]

Transitional ITC of VAT allowable, despite non availment of option to claim its refund under VAT law

May 17, 2019 12471 Views 0 comment Print

Once it is admitted that credit was available to the petitioner on the date of switch over from VAT regime to GST regime and once it is admitted that the petitioner may be entitled to make a claim for this credit in other modes, we think that the second respondent ought to have given a purposive interpretation to Section 140 of the Act read with Sections 16 to 21 of the Telangana GST Act As he has failed to do the same, the matter requires reconsideration.

Unrealized loss due to foreign fluctuation debited to P&L A/c allowable

May 16, 2019 4197 Views 0 comment Print

Pr. CIT Vs Suzlon Energy Limited (Gujarat High Court) Where assessee had debited unrealized loss due to foreign exchange fluctuation in foreign currency transaction on revenue items to its profit and loss account on the last date of accounting year, the same should be allowed as deduction under section 37(1). FULL TEXT OF THE HIGH […]

CA Busy with ICAI Election | ITAT condones Delay

May 16, 2019 1278 Views 0 comment Print

Shri Manoj Dewan Vs ACIT (ITAT Jaipur) We note that though sufficient opportunities were granted by the ld. CIT (A) to the assessees for presenting their cases, however, when the assessee has explained a reasonable cause for not appearing on 20.11.2018 and also filed an application in advance wherein it was stated that the ld. […]

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