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Judiciary

Deduction U/s. 80P not allowable to Co-operative society if it provides Credit facility to other than members

March 9, 2019 4674 Views 0 comment Print

Where assessee-society was engaged in activity of finance business and was also engaged in activity of granting loans to general public as well, it could not be termed as co-operative society meant only for its members and providing credit facilities to its members, hence assessee was not entitled to deduction under section 80P.

Capital Gain from Penny Stocks: ITAT remanded case back to CIT(A)

March 9, 2019 2538 Views 0 comment Print

Shamim Imtiaz Hingora Vs ITO (ITAT Pune) It is an undisputed fact that the shares involved are Penny Stocks and the Assessing Officer did not find any mistake in the documentation furnished by the assessee. The Assessing Officer alleges that the documentation is self-serving. After considering both sides ITAT held that there is need for […]

Extended period of limitation could not be invoked by Department if no suppression & misrepresentation of facts

March 8, 2019 10650 Views 0 comment Print

Kent Chemicals Private Ltd Vs Commissioner (CESTAT Delhi) The proven discharge of liability by the service provider, the same is opined to be a sufficient cause for the appellant to have a bonafide impression of him to no more be liable to pay the service tax even under reverse charge mechanism. The allegation as that […]

No penalty for income declared in original return filed within time U/s. 139(1) post Survey

March 8, 2019 1536 Views 0 comment Print

DCIT Vs Dr. Ravindra Babasaheb Kadam (ITAT Pune) The issue in the present ground is with respect to levy of penalty u/s 271(1)(c) of the Act. It is an undisputed fact that additional income of Rs.1.49 crores was offered by the assessee during the course of survey conducted on 12.01.2012. It is also a fact […]

No addition u/s 68 of short-term capital loss merely on Investigation Wing report

March 8, 2019 1746 Views 0 comment Print

Addition under section 68 of short term capital loss on sale of shares alleged as bogus on the basis of investigation wing report was not justified as the transaction of purchase and sale of shares were supported and evidenced by Bills, Contract Notes, Demat statements and bank statements, ledger accounts of brokers and payment of STT, etc., and the transactions of purchase of shares were accepted by AO in earlier years.

Reimbursements on electricity expenses from occupants chargeable to Service tax

March 8, 2019 12234 Views 0 comment Print

Recently, the issue of levibility of Service Tax on reimbursements on electricity expenses received from the occupants of a complex came before a Single Member Bench of the Hon’ble Calcutta High Court, wherein the Hon’ble High Court has upheld the levy of Service Tax on such transactions.

Endorsement copies of ARE-3 cannot be treated as final proof of export

March 8, 2019 1176 Views 0 comment Print

In re M/s Indian Oil Corporation Ltd. (GST AAAR West Bengal) The Appellant has admitted that the NOC issued PDO (Product Delivery Order) on Raxaul Depot of the IOCL which is actually the supply point of the products. And the Appellant’s Raxaul unit prepared and submitted ARE-1 (Application for Export) to the Customs Authority for […]

Long duration post graduate programs offered by IIMB exempt from GST

March 8, 2019 888 Views 0 comment Print

In re Indian Institute of Management, Bengaluru (GST AAAR Karnataka) a) Pursuant to the enactment of the IIM Act, 2017, with effect from 31st January 2018, the long duration post graduate programs offered by IIMB will be exempt from GST under SI.No 66 of the Notification No 12/2017 CT(R) as amended. During the period 31st […]

Expenditure on payment of software – Revenue or Capital?

March 8, 2019 14103 Views 0 comment Print

Lovelock & Lewes  case: Expenditure incurred by the assessee on payment of software licence fees for applications software for the right to use the software for limited/particular period of time held to be revenue expenditure

Execution of power of attorney not amounts to transfer of property

March 7, 2019 4419 Views 0 comment Print

Mere execution of power of attorney could not be considered to be transfer of property. For transfer of property, assessee had to enter into an agreement for sale either by himself or through power of attorney agent and also hand over the physical possession of the property as contemplated under Section 53A of Transfer of Property Act.

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