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Expense without supporting document / evidence is not allowable

January 3, 2019 7281 Views 1 comment Print

Schwing Stetter (India) Private Limited case: Where except for the debit entries, assessee did not produce any evidence to show that the expenditure was incurred wholly and exclusively for the purpose of business expenditure, held as unallowable for deduction while computing total income

12% GST payable on Work Contract Services pertaining to railways

January 3, 2019 20316 Views 0 comment Print

In re M/s. Shree Construction (GST AAAR Maharashtra) The Advance Ruling Authority upheld the order passed by the Advance Ruling Authority, by observing that the any works contract pertaining to the railways, carried out by the main contractor or its sub-contractors are eligible for the concessional rate of 12% GST in terms of the provisions […]

Reimbursement of loss to Subsidiary Companies in the course of business is allowable

January 3, 2019 3765 Views 0 comment Print

Mafatlal Industries Limited Vs ITO (ITAT Mumbai) Loss on Account of Compensation on Enforcement of Security Paid to Subsidiary Companies is allowable as same was in the course of business The assessee has claimed loss incurred by two subsidiary companies M/s Mishapar Investment Ltd & Vibhadeep Investment & Trading Ltd on the ground that the […]

ITAT should not remand an issue to TPO which can be considered at its end

January 3, 2019 2781 Views 0 comment Print

Sony Pictures Networks India appeal: By not dealing with an issue which is otherwise ripe for consideration and instead remanding to the TPO, the Tribunal ensures further litigation and continued uncertainty for both the Revenue and the assessee, non-consideration of the basic submission made at the hearing as recorded, is clearly a mistake apparent from the record

Presumptive inference provided by Informant cannot be basis for forming a prima facie opinion

January 3, 2019 801 Views 0 comment Print

Ravi Pal Vs All India Sugar Trade Association (AISTA) (CCI) After appreciation of the allegations of the Informant and documents submitted including the oral submissions made by the Informant, the Commission is of the view that no evidence has been provided by the Informant to show that there was any meeting of minds between the […]

LTCG on sale of shares cannot be treated bogus merely on investigation report

January 2, 2019 3069 Views 0 comment Print

When AO has not brought any material on record to show that the assessee has paid over and above the purchase consideration as claimed and evident from the bank account then, in the absence of any evidence it cannot be held that the assessee has introduced his own unaccounted money by way of bogus long term capital gain.

GST on services provided from hotel located in non-processing zone of SEZ to clients located in SEZ

January 2, 2019 2967 Views 0 comment Print

In re M/s. Sapthagiri Hospitality Private Limited (GST AAAR Gujarat) Gujarat Appellate Authority confirms the Advance Ruling given by Gujarat advance ruling authority and rejects the appeal filed by the appellant. The supplies made by applicant, a SEZ co-developer from non-processing zone of SEZ to client located in SEZ for authorized operation will be treated […]

Abacus Maths not qualify for exemption from payment of GST: AAAR

January 2, 2019 2220 Views 0 comment Print

In re Ms. Omnisoft Technologies Private Limited (GST AAAR Gujarat) Gujarat Appellate Authority confirms the Advance Ruling given by Gujarat advance ruling authority and rejects the appeal filed by M/S Omnisoft Technology Pvt ltd. The activity provided by UCMAS using abacus does not qualify for exemption from the payment of goods and services tax. Also […]

Maruti Case: No reduction in GST Rate- Section 171 not attracted

January 2, 2019 2802 Views 0 comment Print

M/s Maruti Suzuki India Ltd. Vs Director General Anti-Profiteering Central Board of Indirect Tax (National Anti-Profiteering Authority) We have carefully considered the DGAP’s Report and the documents placed on record to examine whether there was any reduction in the rate of tax during the implementation of the GST and whether the benefit of reduction in […]

Company Eligible for deduction of expense on Vehicle Registered in the name of Director

January 1, 2019 15360 Views 0 comment Print

DCIT Vs M/s. Deversons Industries Pvt.Ltd. (ITAT Ahmedabad) The Assessing Officer during the assessment proceedings found that the vehicles were registered in the individual name of the Directors. But the assessee claimed the depreciation and the vehicle expenses in its income-tax return. However, the Assessing Officer was of the view that the assessee cannot claim […]

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