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Judiciary

Addition U/s. 68 for Alleged unaccounted stock merely based on value of closing stock declared to banks is not sustainable

December 8, 2018 3462 Views 0 comment Print

ACIT Vs Thatavarthi Ramesh Babu Kanuru (ITAT Visakhapatnam) It is no doubt true that the initial burden is upon the assessee to prove the correct value of the stock held by the assessee and he has to prove that the value reflected in the books of accounts is correct but the fact remains that the […]

Non reduction of Chocolate price after GST Rate reduction is Profiteering: NAA

December 7, 2018 6045 Views 0 comment Print

Respondent had not reduced the prices of 2 products viz. the Nestle Munch Nuts 32 Gm. Chocolate and the Cadbury Dairy Milk Chocolate (here-in-after referred to as the products) and had thus not passed on the benefit of such rate reduction

Discount cannot be treated as bogus merely because some parties denied it

December 7, 2018 792 Views 0 comment Print

Mondal Construction Co. Ltd. Vs ACIT (ITAT Kolkata) We note that assessee had debited a sum of Rs.10,99,907/-in the profit & loss account on account of discount on sale of flat. However, the Assessing Officer disallowed the said discount stating that some of the parties to whom the discount had been given, had informed that […]

ITAT allows Finance Charges paid to NBFCs without TDS deduction as NBFCs included the same in their Income

December 7, 2018 9654 Views 0 comment Print

ACIT Vs Smt. Champa Nandi (ITAT Kolkata) The Income Tax Appellate Tribunal ( ITAT ), Kolkata has held that the finance charges to Non-Banking Financial Companies (NBFCs) are not subject to Tax Deduction at Source ( TDS ) under the provisions of section 194A of the Income Tax Act. The assessee has debited in his […]

HC admits appeal on last date to avail ITC for July, 2017 to March, 2018

December 7, 2018 8244 Views 0 comment Print

AAP And Co., Chartered Accounts Vs. Union of India (Gujarat High Court) Press release for Form GST-3B changing last date for credit challenged: Gujarat High Court issues notice to Centre, GST Council and State Petitioner chartered accountant firm “AAP & Co.” challenged the Press release dated 18.10.2018 to the extent that the last date for […]

Service Tax Payable on Sale / Registration of post /pre paid SIM

December 7, 2018 843 Views 0 comment Print

Bharat Sanchar Nigam Ltd. Vs CCE, Bhopal (CESTAT Delhi) The sales tax authorities have themselves conceded the position before the High Court that no assessment of sales tax would be made on the sale value of the SIM Card supplied by the appellant to their customers irrespective of the fact whether they have filed returns […]

A civil Court does not grant leave to file another suit

December 7, 2018 1776 Views 1 comment Print

Jagannath Dey Vs Mrinal Mallik S/o Gourchandra Mallik (High court Chhattisgarh) 1. Learned counsel appearing for the appellant would seek permission of the Court to withdraw this appeal with liberty to move a fresh suit under the provisions of the Guardians and Wards Act, 1890 seeking custody of the minor. 2. In Shiv Kumar Sharma v […]

Transfer of Patent Rights subject to tax under CST Act

December 6, 2018 1707 Views 0 comment Print

Transfer of patent rights would be subject to CST as while transferring of intangible rights obtained under a statute, to another entity having its place of business in another State; from where the transferee intended to exercise such rights thereafter, postulated a movement of the intangible, corporeal goods from one State to another and, hence, would be an inter-state sale assessable to tax. 

ITAT confirms addition for Bogus LTCG

December 6, 2018 1446 Views 0 comment Print

Assessee come out with the plea that they were not provided with opportunity of cross-examining the witness, the investigation report was not furnished and proper opportunity was not provided of being heard. However we find that all these arguments raised by the assessee before us was never alleged before the AO when the matter was before them.

Profit / losses of all undertakings are to be treated separately while calculating deduction u/s 80IC

December 6, 2018 4806 Views 0 comment Print

Milestone Gears Private Limited Vs ACIT (ITAT Chandigarh) For the purpose of calculating deduction u/s 80IC, profit of each undertaking should be treated separately and losses from other eligible undertaking should be ignored. Profit and losses of all the eligible undertaking couldn’t be netted off. Facts –- Assessee is engaged in the manufacturing of automotive […]

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