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Judiciary

Penalty justified for Deliberate non-disclosure of income

January 1, 2019 3351 Views 0 comment Print

Smt Joyti Sunil Maniyar Vs ITO (ITAT Ahmedabad) In the notice issued u/s 142(1) dated 11.10.2011 a specific query was raised by the AO about the capital gain income. After that, the assessee vide reply dated 22.11.2011 conceded the fact of non-disclosing the capital gain income. From the above, it is transpired that the assessee […]

Tax cannot be levied on Gift Received From Brother-In-Law

January 1, 2019 31326 Views 2 comments Print

Once the identity, creditworthiness and genuineness of the transaction has been proved, gift received from the brother-in-law is exempted in terms of provisions of section 56.

Section 68 addition based on handwritten confirmation of lenders

January 1, 2019 3681 Views 0 comment Print

AO was not justified in making addition under section 68 where assessee had furnished evidences such as PAN and copies of bank statements of lenders which proved identity and creditworthiness of lenders and genuineness of impugned loan transactions.

Penalty U/s. 271B cannot be levied for technical venial breach

January 1, 2019 2199 Views 0 comment Print

Md. Salim Qurasi Vs ITO (ITAT Kolkata) We have heard rival submissions. From the papers available on the record including the paper book of the assessee, we find that the assessee had got his accounts tax audited for the Assessment Year 2013-14, on 27/09/2013.We find that the same has been filed before the ld. Assessing […]

Form committee to grant Entertainment Tax Benefits in GST regime: Bombay HC

January 1, 2019 951 Views 0 comment Print

As a part of the tourism policy of the State Government, the petitioner was offered certain incentives in the nature of entertainment tax waiver. Upon introduction of Goods & Services Tax (“GST” for short), the entertainment tax was subsumed. The GST currently prescribed is @ 18%.

Liquidated damages claim are allowable for non-fulfilment of business obligations to own customers

December 31, 2018 16701 Views 0 comment Print

Liquidated damages which were in nature of contractual liability on account of non-compliance of business obligations to customers were allowable expenditure

No disallowance U/s. 14A for interest to partners as per partnership deed

December 31, 2018 4533 Views 0 comment Print

M/s. ASK Partners Vs ACIT (ITAT Jaipur) The interest paid by the firm and claimed as deduction is simultaneously susceptible to tax in the hands of its respective partners in the same manner. In the same vain, the firm is merely a compendium of its partners and its partners do not have separate legal personalities under […]

Benefit of reduced GST rate not available to Evacuated Tube Collector

December 31, 2018 2472 Views 0 comment Print

The product Evacuated Tube Collector (ETC) though falls under Chapter 84 heading 19 but is not covered under SL.No.234 of Schedule-I of the Notification 01/2017-Integrated Tax(Rate) dated 28.06.2017, effective from 01.07.2017, & hence not entitled for concessional rate of 5% IGST.

18% GST payable on Industrial Grade Quick and Slacked Lime

December 31, 2018 9585 Views 0 comment Print

In re Palaniappan Chinnadurai (GST AAR Tamilnadu) What is the applicable chapter and GST rate for Industrial Grade Quick Lime having 86% of Calcium Oxide content and Industrial Grade Slacked Lime having 86% of Calcium Hydroxide content? Industrial Grade Quick Lime having 86% of Calcium Oxide content and Industrial Grade Slacked Lime having 86% of […]

Foreign supplier exporting goods to FTWZ which subsequently sold to Indian customers need not register under GST

December 31, 2018 14463 Views 0 comment Print

In re M/s. Sadesa Commercial Offshore De Macau Limited (AAR Tamilnadu) Whether sale of tanned bovine leather stored in Free Trade Warehousing Zone (FTWZ) by a foreign supplier which is cleared to Domestic Tariff Area (DTA) customer in India would result in supply subject to levy under sub section 1 of section 5 of the […]

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