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Judiciary

No service tax liability where parties buying & selling properties on principal to principal basis

November 27, 2018 8250 Views 0 comment Print

Service tax cannot be imposed under the category Real Estate Service in absence of any defined consideration for the alleged service as both the parties were buying and selling property on principal to principal basis rather than as an agent and the principle.

Reason to believe shall not be disclosed to any person/ authority/ Appellate Tribunal as recorded u/s 132

November 27, 2018 2445 Views 0 comment Print

Due to amendment made in section 132 by the Finance Act, 2017 w.r.e.f. 1-4-1962 the reason to believe or reason to suspect, as the case may be, shall not be disclosed to any person or authority or appellate Tribunal as recorded, by IT authority under section 132 or 132A, therefore, assessment order passed was not bad in law on account of not furnishing any valid reason for conducting the search.

Declaration of additional incomes when AO confronted with details of Form No. 26AS attract penalty

November 26, 2018 2394 Views 0 comment Print

Assessee had declared additional incomes when AO confronted with details of Form No. 26AS , it could not be said that declaration of income by assessee was voluntary, therefore, levy of penalty under section 271(1)(c) on account of concealment was justified, especially in view of the fact that similar income had been earned and duly offered to tax during earlier years also.

GST payable on services by Association of Inner Wheel Clubs in India

November 26, 2018 2895 Views 1 comment Print

In re The Association of Inner Wheel Clubs in India (GST AAR Kolkata) The Applicant’s activities involve supply of services classifiable under SAC Heading 99959 against consideration received in the form of subscription and membership fees. Services classifiable under SAC Heading 99836 are also supplied. Sale of souvenirs is to be considered as a supply […]

GST on transportation service in contacts for erection of transmission towers

November 26, 2018 3510 Views 0 comment Print

In re Skipper Ltd (GST AAR West Bangal) The Applicant supplies works contract service, the value of which includes inter alia consideration paid for transportation and in-transit insurance. GST is to be paid on the entire value of the works contract, including the supply of materials, transportation, in-transit insurance, erection, commissioning etc. The exemption under […]

GST Advance ruling application rejected as not filed as per Rules

November 26, 2018 825 Views 0 comment Print

The applicant has already been reminded twice. The Application is hereby REJECTED as it has not been filed as per the act and rules of State GST act and/or Central GST act.

HC admit Appeal on Power of Commissioner related to Form GSTR-3B & GST Payment date issue

November 26, 2018 1410 Views 0 comment Print

Delhi HC to examine validity of Circular No.07/07/2017-GST & Rule 61(5). Challenge on due date for filing GST return and delegation of authority. Next hearing on 12th February, 2019.

Issuance of notice U/s. 153C is mandatory for assessment u/s. 153C

November 24, 2018 10560 Views 0 comment Print

Issuance of notice under section 153C is mandatory and a condition precedent for taking action against assessee under section 153C, therefore, assessment order under section 153C issued without issuing a notice under section 153C was bad in law.

Deemed dividend provisions not applies if assessee was neither beneficial nor registered shareholder

November 24, 2018 2097 Views 0 comment Print

M/s. Neha Home Builders Pvt. Ltd. Vs DCIT (ITAT Mumbai) Since assessee was neither the beneficial nor the registered shareholder of the company, the amount so received is not liable to be taxed as deemed dividend. Moreover, the transaction between two group concerns were in the nature of current account and inter banking account containing […]

Maintainability of Appeal filed manually and dismissed by CIT (A)

November 24, 2018 5103 Views 0 comment Print

ince CIT(A) had erred in dismissing appeal filed manually by assessee. CIT(A) was directed to admit appeal filed by assessee by directing assessee to file its appeal in electronic format and also to condone delay

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