Follow Us:

Judiciary

Reopening based on reason to suspect is invalid

February 5, 2019 2337 Views 0 comment Print

Urvish B. Mehta Vs ITO (ITAT Mumbai)  “reason to believe”and not “reason to suspect” The undisputed facts are that, the Assessing Officer received information from the DGIT (Inv.) Mumbai who in turn has got the same from the Sales Tax Department. The information was in the form of statements/affidavits which stated that the suppliers admitted […]

No penalty on excess depreciation claim for bona fide reasons

February 5, 2019 2121 Views 0 comment Print

An excess claim of depreciation by an assessee for bonafide reasons would not justify imposition of penalty under section 271(1)(c) had also been deliberated upon by the Hon’ble High Court of Bombay in the case of CIT vs. Somany Evergreen Knits Ltd. (2013) 352 ITR 592 (Bom.)

Services intrinsic to mineral oil exploration are covered by Section 44BB

February 5, 2019 690 Views 0 comment Print

M/s Eni India Ltd. Vs JCIT (ITAT Delhi) learned AO had taken a view that in view of the decision of the Hon’ble Supreme Court in the case of ONGC vs CIT & Anr. the nature of activities involved under the contract including the sale of services of HOEC are covered by the provisions of Section […]

Marine paints cannot be considered as Part of Ship: AAAR Maharashtra

February 5, 2019 1020 Views 0 comment Print

In re Jotun India Pvt. Ltd. (AAAR Maharashtra) The Appellate Authority for Advance Ruling upheld the ruling given by the Advance Ruling Authority by observing that marine paints manufacture by the appellant will not be covered under Sl. No. 252 of Schedule I of the Notification No. 1/2017-C.T.(Rate) dated 28.06.2017 as the same can not […]

No effect on Prosecution u/s Section 276CC by subsequent filing of income tax return

February 5, 2019 6465 Views 0 comment Print

Karan Luthra Vs ITO (Delhi High Court) The offence under Section 276 CC of IT Act deals with failure to comply with the obligation under Sections 139 (1) or 142(1) or 148 of IT Act. Disobedience of each said provision of law itself constitutes a distinct offence. The offence under Section 276 CC, prima facie, […]

GST on Gudakhu, a tobacco product in paste form used as a Tooth paste

February 5, 2019 5814 Views 0 comment Print

In re M/s Prabhat Gudakhu factory (GST AAR ODISHA) In the scheme of classification of tobacco product for the purpose of assigning HSN Code under tariff sub-heading 2403 11, only water pipe tobacco intended for smoking in a water pipe are included and not any other form of tobacco. As explained above, the applicant is […]

Mere appeal pendency in HC not preclude Tribunal’s power of rectification

February 5, 2019 1203 Views 1 comment Print

Shambhubhai Mahadev Ahir Vs ITAT (Gujarat High Court) 1. The petitioner has challenged the decision of the Income Tax Appellate Tribunal recalling an earlier order in exercise of powers for rectification. 2. Brief facts are as under: Petitioner is an individual. Petitioner was subjected to search on 11.10.2006 pursuant to which, the petitioner was required […]

Price revision not allowed in contract due to change in tax post-GST

February 5, 2019 7062 Views 0 comment Print

Bipson Surgical (India) (P) Ltd. v. State of Gujarat (Gujarat High Court) In the present case as observed hereinabove as such the liability to pay GST under the GST/CGST Act is upon the supplier. As observed hereinabove the price quoted and the rate contract was inclusive of all the levies and taxes. Therefore, the petitioners […]

SC directs Rajeev Kumar, CP, Kolkata to appear before CBI (Read Order)

February 5, 2019 1299 Views 0 comment Print

Having heard learned counsels for the parties, we direct Shri Rajeev Kumar, Commissioner of Police (CP), Kolkata to appear and make himself available before the investigating agency, namely, the Central Bureau of Investigation (C.B.I.) and to faithfully cooperate with the investigating agency at all times.

Working as Asst CS/ Management Trainee cannot be considered as equal to CS

February 5, 2019 2388 Views 0 comment Print

Working experience as an Assistant Company Secretary or a Management Trainee cannot be treated as equal to a Company Secretary so as to become eligible for the post of Company Secretary.

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031