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Judiciary

Vigilance Control Device, Diagnostic Terminal & MCS fall under HSN code 85301010

February 11, 2019 1311 Views 0 comment Print

In re Autometers AlliancgoodsPvt. Ltd. (GST AAR Uttar Pradesh) From the characteristic of the Vigilance Control Device (VCD), Diagnostic Terminal (DT) & Master Controller System (MCS), chapter Notes, Classification Rules and above discussion, they all fall in Code 8530 10 10 of Customs Tariff Act, 1975. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, […]

Multiple invoices under one E-way Bill: HC releases Goods on Simple Bond

February 11, 2019 5232 Views 0 comment Print

Stove Kraft Pvt. Limited Vs Assistant State Tax Officer (Kerala High Court) Petitioner is a dealer. The goods and vehicle have been detained; in the e-way bill generated, petitioner has shown three invoices. Noting that separate e-way bill will have to be generated to each of the invoices, goods have been detained. It is to […]

Payment to non-resident to purchase advertisement space for resale to advertisers in India constitutes Royalty

February 10, 2019 9147 Views 0 comment Print

Payment to non-resident towards purchase of advertisement space for resale to advertisers in India constituted ‘Royalty’ under section 9(1)(vi) and assessee was under an obligation to withhold tax under section 195.

Capital gain when assessee given developer possession & permission to construct property

February 10, 2019 3807 Views 0 comment Print

Where assessee did permit developer to enter into premises and do all necessary things for construction of apartments and assessee handed over the possession, provisions of section 2(47) got attracted.

Interest cannot be disallowed for mere advancing of Interest-free advances to third parties

February 10, 2019 4116 Views 0 comment Print

Merely because non-interest bearing advance was given to third parties, the same would not justify that the test of ‘commercial expediency’ was not satisfied by assessee. Hence, disallowance of proportionate interest made by AO was not justified, as the same was given for business purposes.

No disallowance U/s. 40A(3) on Payment by debtor directly to creditor of assessee through banking channel

February 10, 2019 7965 Views 0 comment Print

Where assessee’s debtor directly made payment through banking channel to assessee’s creditor to square up their account, provisions of section 40A(3) would not be attracted.

Making incorrect claim in law would not by itself make assessee liable to penalty U/s. 271(1)(c)

February 10, 2019 1479 Views 0 comment Print

Making of incorrect claim in law would not by itself amount to concealment of income or giving inaccurate particulars of income. Since revenue had not been able to show even remotely that there was any concealment of income or filing of inaccurate particulars of income, appeal was to be dismissed.

Depreciation allowable on Right to operate project facility & collect toll charges

February 10, 2019 2883 Views 0 comment Print

DCIT Vs Progressive Constructions Ltd. (ITAT Hyderabad) Expenditure incurred for gaining right to operate the project facility and collect toll charges resulted into an intangible asset eligible for depreciation Conclusion: Expenditure incurred by assessee of Rs.214 crore for creating the project or project facilities had created an intangible asset in the form of right to operate […]

Addition not justified in section 153A assessments where no incriminating material found

February 9, 2019 4185 Views 0 comment Print

Additions could not be made in respect of assessments already completed if no incriminating material was found during search or during 153A proceedings.

Compensatory payments to foreign companies not having PE in India not liable for TDS U/s. 195

February 9, 2019 5079 Views 0 comment Print

Compensation received by foreign companies from assessee for loss of business/profit would constitute business receipts in the hands of foreign companies but the same was not liable for TDS under section 195 as the foreign companies did not have permanent establishment in India.

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