Payments made to various artists participating in reality show would fall under section 194C and not under section 194J and there was no infirmity in the action of AO as assessee had rightly deducted TDS u/s 194C.
Since the nature of services rendered by non-resident professional showed that none of the services resulted in making available of any technical knowledge, experience, skill, know, how or process, therefore, professional fee paid to non-residents could not be subjected to TDS under section 195.
Section 50C is a deeming provision and Assessing Officer is obliged to compute capital gains by taking valuation arrived at by DVO in place of the actual consideration received by assessee, assessee is entitled to challenge correctness of DVO’s valuation before CIT(A) and ITAT. DVO has to be given an opportunity of hearing
The parameters to be taken into account in considering the grant of stay of disputed demandare well settled – the existence of a prima facie case, financial stringency and the balance of ‘Financial stringency’ would include within its ambit the question of ‘irreparable injury’ and ‘undue hardship’ as well.
M/s Arti Adhvariya & Co. Vs C.S.T. (CESTAT Ahmedabad) We find that there is no dispute that the appellant is an individual NRI in USA. During the relevant period this Tribunal has given various judgments wherein it was held that an individual and / or proprietorship concern is not considered as a commcerial concern, therefore, […]
Grundfos Pumpas India Ltd. Vs DCIT (Madras High Court) The appellate authority, after considering the submissions made by the Assessee as well as the detailed note submitted by the Assessee, held that the provision has been made by the Assessee on a scientific basis and it is an ascertained liability. Examining the nature of business […]
M/s. P.R. Associates Vs ACIT (ITAT Pune) We find that the assessee specifically submitted before the AO during the course of penalty proceedings, which fact has also been captured in the penalty order, that its business was inoperative for the last 7 years and it had already borrowed loans from Shree Suvarna Sahakari Bank Ltd. […]
Assessee sufficiently proved that the loss incurred on premature cancellation of forward contract was a ‘business loss’ inasmuch as the same was incurred in the course of carrying on of the business
SRS Travels/Logistics Vs Joint Commissioner of Commercial Taxes (Karnataka High Court) Section 129 of the Karnataka Goods and Services Tax Act, 2017 empowers detention and seizure of the vehicle that was used for transportation of goods in question and therefore, the order cannot be faltered. However, having argued the matter for some time resisting the […]
Since the approval granted by Pr. CIT to AO for reopening of assessment was clearly without application of mind and was not as per the mandate of the provision of section 151, therefore, notice issued u/s 148 on the basis of such approval and consequent assessment made on the basis of such notice were bad in law and deserved to be quashed.
