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Judiciary

Bogus Purchases- Entire purchase amount cannot be added

May 16, 2019 13722 Views 0 comment Print

PCIT Vs M/s. Mohommad Haji Adam & Co. (Bombay High Court) In the present case, as noted above, the assessee was a trader of fabrics. The A.O. found three entities who were indulging in bogus billing activities. A.O. found that the purchases made by the assessee from these entities were bogus. This being a finding […]

Tax cannot be levied on Loan Waived under one time settlement

May 16, 2019 21582 Views 0 comment Print

Sh. Jai Pal Gaba Vs ITO (ITAT Chandigarh) The very language of the section 28(iv) speaks about the value of any benefit or perquisite arising from business or exercise of a profession. Now considering the facts and circumstances of the case, though, the loan was taken for the purpose of business but the same was […]

Exemption u/s 54F allowable despite start of construction of new house before sale date of original asset

May 16, 2019 4557 Views 0 comment Print

Exemption u/s 54F allowable despite start construction new house before sale date original asset

Allow filing of TRAN-1 online or accept it manually: Delhi HC

May 16, 2019 3582 Views 0 comment Print

Bhargava Motors Vs UOI (Delhi High Court) In the present case also the Court is satisfied that the Petitioner‟s difficulty in filling up a correct credit amount in the TRAN-1 form is a genuine one which should not preclude him from having his claim examined by the authorities in accordance with law. A direction is […]

Section 263 gets triggered only when order is erroneous & also prejudicial to interest of Revenue

May 16, 2019 4050 Views 0 comment Print

Held, That The Assessing Officer had conducted enquiry and after various rounds of hearing and deliberation with the assessee and scrutinizing the documents filed before him as well as submissions of the assessee, the Assessing Officer had passed an order. 

Depreciation on Wheel loaders & Graders as Motor Vehicles

May 15, 2019 19629 Views 1 comment Print

The issue under consideration is whether the CIT(A) is correct in charging depreciation at the rate of 30% on wheel loaders and graders?

Steel Mugs with plastic outer body falls under Chapter Heading 7323

May 15, 2019 4542 Views 0 comment Print

In re R K Industries (GST AAR Maharashtra) Steel Mugs with plastic body are advertised and sold as steel mugs, as submitted by the applicant. It is the steel that gives the essential characteristic to the subject product. Liquids specially, is they are boiling are not preferred to be poured in plastic containers. Hence in […]

GST AAR Karnataka allows Urbanac Projects to withdraw application

May 15, 2019 855 Views 0 comment Print

The Applicant received mobilization advances for the work contract services, in the pre-GST regime, and paid service tax on such advances received. The Applicant submits that VAT was neither paid nor payable on such advances as there was no transfer of property in goods.

GST on refundable interest free deposit in Demat account & Free Transactions

May 15, 2019 1857 Views 0 comment Print

In re M/s. Rajkot Nagrik Sahkari Bank Ltd (GST AAR Gujarat) Question 1 : In the facts and circumstances of the case whether Refundable Interest Free Deposit received could be treated as Supply under the provisions of Goods and Services Tax Act, 2017? And chargeable to tax in the hands of the applicant? Answer 1: […]

Rate of GST on works contract for constructing a civil structure for a Govt entity

May 15, 2019 1998 Views 0 comment Print

In re ITD Cementation India Ltd. (GAT AAAR West Bengal) It is clear from the very nature of the project that it creates infrastructure for commercial utilization of the national waterway. Though the Multi-modal IWT Terminal will facilitate commerce and business in and around Haldia, West Bengal, its creation is not for propagating any business […]

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