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Judiciary

Service rendered by ‘lead generator’ is not that of an ‘insurance agent

March 21, 2019 1320 Views 0 comment Print

CESTAT held that service rendered by ‘lead generator’ is not that of an ‘insurance agent’ and, consequently, the commission paid by respondent to such entities are not liable to be included in the assessable value of the respondent for discharge of tax liability under Finance Act, 1994.

Section 43B does not contemplate liability to pay service tax before actual receipt

March 21, 2019 1542 Views 1 comment Print

Pr. CIT Vs Tops Security Ltd. (Bombay High Court) Section 43B does not contemplate liability to pay service tax before actual receipt of the funds in the account of the assessee. Hence the liability to pay service tax into the Treasury will arise only upon the assessee receiving the funds and not otherwise. Thus the […]

ITAT held reduction in rent as colorable device to reduce tax burden

March 21, 2019 945 Views 0 comment Print

Jaikishan Shyamsunder Vaswani Vs ACIT (ITAT Mumbai) It is noted that property situated at Flat No.72, L Block, Maker Tower, Cuffe Parade, Mumbai was actually let out to Bank of America during AY 2007-08 @ Rs.2 Lacs per month. However, this rent has drastically been reduced to Rs.25,000/- per month upon receipt of interest-free security […]

No penalty u/s 271D for advance received from promoters in cash through Current A/cs

March 21, 2019 3348 Views 0 comment Print

 Penalty u/s 271D could not be imposed on assessee for advances against sale of flats and cash receipts received from the promoters through their respective current accounts as nothing had been brought on record by Revenue to show that the receipts were superfluous in nature and not for the business of assessee.

Statutory Dues including Income Tax, VAT etc. are Operational Debts under IBC

March 20, 2019 14262 Views 0 comment Print

Pr. Director General of Income Tax (Admn. & TPS) Vs M/s. Synergies Dooray Automotive Ltd. & Ors. (NCLAT) Conclusion – All statutory dues including ‘Income Tax’, ‘Value Added Tax’ etc. come within the meaning of ‘Operational Debt’ under the Insolvency and Bankruptcy Code 2016. Facts – According to appellant, the ‘Sales Tax’ and ‘Value Added […]

CIT(E) cannot examine Income application during Trust Registration U/s. 12AA

March 20, 2019 2775 Views 0 comment Print

Fateh Chand Trust & College Committee Vs CIT (Exemption) (ITAT Agra) Department Can Examine Only Object of the Trust and Not Application of Income at the Time of Granting of Registration of Trust FACTS – Assessee is society, engaged in running and maintenance of Fateh Chand Inter College. College is fully aided by UP Government […]

TDS Not deductible on Passenger Service Fees Collected by Airlines

March 20, 2019 9717 Views 0 comment Print

SF cannot be considered to be a payment made by the assessee airline. PSF is a payment made by the passenger which is only routed through the assessee airline. It is undisputed that the amount handed over by the assessee airline to the Airport Operators has also not been claimed as expenditure by the asssesee in its books of account.

No addition U/s 68 in absence of incriminating material during search

March 20, 2019 957 Views 0 comment Print

No addition could have been made u/s 68 of the Act in view of the fact that no incriminating material was found during the course of search to which this impugned addition could be related.

Payment of professional fee to trustees who are doctors allowable

March 20, 2019 4728 Views 0 comment Print

rofessional fee paid to the trustees, who were qualified doctors were allowable as deduction as it could not be held to be for the direct or indirect benefit of trustees.

Section 54 not restrict exemption to sale of one residential house

March 20, 2019 2688 Views 0 comment Print

ACIT Vs Mr. Bipin N. Sagar (ITAT Mumbai) Appellant has stated that the transfer is of one residential house. The three adjoining flats were merged and made it one residential house not by the Appellant but by previous owner. The Appellant ever since the date of purchase used it as one residential house. There is […]

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