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Judiciary

Portfolio Management Fees allowable as an expenditure

February 2, 2019 15765 Views 0 comment Print

Shyam Sunder Duggal Vs ACIT (ITAT Mumbai) The only grievance of the assessee is that the Ld.CIT (A) has wrongly confirmed the addition of Rs. 7,77,000/- made by the AO by making disallowance of fees paid to Portfolio Managers. As is clear from the record that the assessee paid Rs. 7,77,744/- to PMS providers and […]

Do not detain goods / conveyances for classification disputes: Madras HC

February 1, 2019 5694 Views 0 comment Print

Madras High Court has directed Commissioner of commercial tax in the case of M/s. Jeyyam Global Foods (P) Ltd. Vs Union of India to instruct his officers not to detain goods / conveyances for classification disputes.

Capital Gain cannot be treated as bogus on human probabilities, suspicion, conjectures and surmises

February 1, 2019 1911 Views 0 comment Print

CIT(A) has in his order relied upon circumstantial evidence and human probabilities to uphold the findings of the AO. He also relied on the so called rules of suspicious transaction

Amendment to Section 40(a)(ia) has Retrospective Effect

February 1, 2019 6660 Views 0 comment Print

Perfect Circle India Pvt Ltd Vs Pr. CIT (Bombay High Court) The Revenue would content that the benefit of this proviso would be available to the assessee only prospectively w.e.f. 1.4.2013. Various Courts, however, have seen this proviso as beneficial to the assessee and curative in nature. The leading judgment on this point was of […]

ITCG cannot be held bogus merely on human probabilities or surmises

February 1, 2019 1578 Views 0 comment Print

Mahavir Jhanwar Vs ITO (ITAT Kolkata) The sole issue that arises for my adjudication is whether the Assessing Officer was right in rejecting the claim of the assessee that he had earned Long Term Capital Gains on purchase and sale of the shares of M/s Unno Industries. The AO based on a general report and […]

ITAT condones delay in appeal filing due to illness of chief accountant

February 1, 2019 1344 Views 0 comment Print

Shri Pawan S. Jalan Vs ACIT (ITAT Ahmedabad) If we consider the explanation of the assessee filed before the ld.CIT(A), which has been partly reproduced in the order of the ld.CIT(A) on page no.3, then it would reveal that chief accountant of the company was ill and failed to hand over assessment order to the […]

Sec. 68 addition of share application money cannot be made if assessee explains nature & source of credit

February 1, 2019 8304 Views 0 comment Print

Since all the three conditions as required u/s. 68 i.e. the identity, creditworthiness and genuineness of the transaction was satisfied by assessee and the onus shifted to AO to disprove the materials placed before him, therefore, without doing so, the addition made by AO based on conjectures and surmises could not be justified.

Jubilant guilty of not passing GST benefit on sale of Dominos Pizza

January 31, 2019 3159 Views 0 comment Print

Sh. Kiran Chimirala & Director General Anti-Profiteering Vs. M/s. Jubilant Food Work Ltd. (National Anti-Profiteering Authority) The National Anti-Profiteering Authority (NAA) passed the order on an email complaint filed by a customer that Jubilant FoodWorks had not reduced the prices of ‘Dominos Stuffed Garlic Bread’ and ‘Medium Veg Pizza’ despite a cut in GST rate […]

Section 54B exemption cannot be denied for absence of legal title due to pending litigation

January 31, 2019 2523 Views 0 comment Print

The assessee had complied with conditions for grant of deduction under sections 54B inasmuch as he has utilised, within a period of two years from the date of transfer of capital asset, the capital gain in purchasing another land for being used for agricultural purposes, therefore, mere fact that assessee did not get legal title to the land could not be ground to deny benefit of deduction under sections 54B.

Nodal officer obliged to consider complaint for bona fide error in TRAN-1

January 31, 2019 1164 Views 0 comment Print

Pragati Automotion (P.) Ltd. Vs Union of India (Karnataka High Court) The petitioner is before this Court seeking a direction to the respondents to permit the petitioners to correct the bonafide error which has crept in while filing the GST Tran – 1 form because of which the petitioner is deprived of the transitional credit of […]

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