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Judiciary

Beneficiaries not Taxable for Fund invested by Trust in Swiss Bank

November 17, 2018 1491 Views 1 comment Print

Deepak B. Shah Vs ACIT Mumbai (ITAT Mumbai) In the present case the Income Tax Department sought to tax fund lying in a Swiss bank account as “Unaccounted Income” in the hands of two residents of Mumbai. The appellants maintained account in Swiss Bank stated that they had no contribution in the said account as […]

Delay in-filing of TDS Returns due to Initial Glitches in Online Portal: ITAT deletes Penalty

November 17, 2018 2121 Views 0 comment Print

At the same time, we cannot also ignore the fact that it was for the Revenue to have allowed smooth switchover from manual to e-filing system of filing TDS returns. The onus and burden was on revenue to provide necessary infrastructure so that tax-payer did not face any inconvenience in filing e-TDS returns.

GST Rate on turbine generator set for use in waste-to-energy project

November 17, 2018 6507 Views 0 comment Print

In re Triveni Turbines Limited (GST AAR Karnataka) Whether the turbine generator set to be supplied by the applicant to the buyer for use in waste-to-energy project is covered under Sl.No.234 of Schedule I of Notification 1/2017 – IGST (Rate) dated 28.06.2017 as ‘Renewable energy devices and parts for the manufacture of waste to energy […]

Tutti-fruity being product of papaya comes under HSN 20060000

November 17, 2018 12171 Views 0 comment Print

In re Wonderfrutz Products LLP (GST AAR Karnataka) Whether Tutti-fruity be classified under HSN 08111010 or 20060000? Tutti-fruity is a colourful confectionery containing various chopped and usually candied fruits, or an artificially created flavouring simulating the combined flavour of many different fruits. It is often used in making tutti-fruity ice cream, bakery and confectionery. In […]

Sushmita Sen gets relief from ITAT in Income Tax penalty case

November 16, 2018 3699 Views 0 comment Print

Sushmita Sen recent appeal: Where the assessee made certain claim which had not been accepted by the Revenue, penalty under section 271(1)(c) thereon deleted

Provisions of Section 68 Cannot be applied to Sundry Creditor

November 16, 2018 9294 Views 0 comment Print

The provisions of section 68 cannot be applied to sundry creditors and the assessee cannot be applied to sundry creditors and the assessee cannot be asked to prove the 3 ingredients of cash credits in respect of sundry creditors.

Section 68 not apply if Assessee proves identity, creditworthiness & genuineness

November 16, 2018 1725 Views 0 comment Print

The assessee is a company and is in the business of investment. An addition of unexplained cash credit u/s 68 of the Act, were made by the Assessing Officer on the ground that the assessee failed to explain the sources of funds for the share capital received by it at a premium. On appeal the ld.

No profiteering if reduction in base price is more than additional eligible ITC

November 16, 2018 1269 Views 0 comment Print

Smt. Mandalika Sakunthala Vs M/s Fabindia Overseas Pvt. Ltd. (National Anti-Profiteering Authority) The company reduced his base prices and the profit margins to maintain the same MRP inspite of the increase in the tax rate. In another product, reduction in the base prices found to be more than the additional ITC eligible thereon. Respondent has […]

GST demand recovery should not be initiated till disposal of stay petition: HC

November 16, 2018 1314 Views 0 comment Print

Hotel Harisree Vs Assistant Commissioner (Assessment) (Kerala High Court) The petitioner, a registered dealer under the KGST Act on the rolls of the 1st respondent, questioned the Ext.P1 assessment order, before the 2nd respondent. The petitioner has also filed a stay petition in the appeal. Ventilating its grievance that the authorities are taking coercive steps before […]

No Service tax for setting up of temporary camps in connection with religious event

November 16, 2018 1164 Views 0 comment Print

Service tax was not leviable for setting up of temporary camps in connection with the Gur-ta-Gaddi Tercentenary Celebration as it was a religious event. M/s Lallooji & Sons Vs Commissioner of Central Excise & S (CESTAT Allahabad)

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