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Judiciary

Running school buses for fees by Trust is not a commercial activity if same is incident to achieve main object of proving education

October 30, 2018 6750 Views 0 comment Print

Delhi Public School Ghaziabad Vs ACIT (ITAT Delhi) The assessee did not provide transport facility to the outsiders and was providing the same only to the students and the staff working for the society. Since transport facility was incidental to achieve the object of providing education, i.e., the object of the society, therefore, the transport […]

Slump sale of business as going concern to related party qualifies as supply

October 30, 2018 10701 Views 0 comment Print

Seller has agreed to sell, transfer, convey, assign and deliver to the applicant or to any affiliates as directed by applicant for the BPL business which would be transferred as a slump sale on going concern basis. BPL business means BP business, LS Business and PM business as going concern as outlined in ‘Definitions and Interpretations’.

HC order release of good on payment of Tax of dealer not registered in that state

October 30, 2018 939 Views 0 comment Print

Armour Steel Buildings India (P) Ltd. Vs Asstt. State Tax Officer (Kerala High Court) The petitioner, an assessee under the GST Act in Tamil Nadu, sent goods across to the State. The Assistant State Tax Officer intercepted the goods and detained them. After the initial procedural formalities the petitioner suffered an order under section 129 […]

SC explains Effect of repeal of a statute u/s 6 of General Clauses Act on pending proceedings

October 30, 2018 11298 Views 0 comment Print

Sushila N. Rungta Vs TRO (Supreme Court) What has been argued by Mr. R. Venkataramani, learned senior counsel appearing on behalf of the appellant, is that considering that the Gold Control Act itself has been repealed without a saving clause, Section 6 of the General Clauses Act would not apply for the reason that the […]

Disallowance U/s. 36(1)(iii) justified for Interest-free loan to sister concern without commercial expediency

October 29, 2018 13161 Views 0 comment Print

M/s C.R. Auluck & Sons Pvt. Ltd. Vs ACIT (ITAT Chandigarh) Assessee has failed to establish its case of commercial expediency.  The intention of assessee in advancing the said interest-free loan to its sister concern was not for the purpose of business because the two concerns were carrying on independent lines of manufacturing and the […]

S. 43B Overdue interest converted into loan allowable only on payment

October 29, 2018 5931 Views 0 comment Print

Explanation 3C to section 43B provides that interest payable can only be allowed to an assessee when the same is actually paid and any interest which has been converted into a loan shall not be deemed to have been actually paid.

S. 80IB Deduction cannot be denied for mere non-submission of Form 10CCB Audit Report with Return

October 29, 2018 8586 Views 0 comment Print

DCIT Vs M/s Reckitt Benckiser (India) Ltd. (ITAT Kolkata) We come to Revenue’s appeal. Its sole grievance reads that the CIT(A) has erred in law and as facts in allowing arrears Section 80IB and 80IC deduction claims totaling to Rs. 1,39,48,12,000/- thereby reversing Assessing Officer’s action not taking any cognizance thereof solely for the reason […]

Period of holding whether to be reckoned from purchase agreement registration date or stamp date

October 29, 2018 7770 Views 0 comment Print

Sanjaykumar Footermal Jain Vs ITO (ITAT Mumbai) In the instant case it is crystal clear that by virtue of agreement for sale dt. 24-04-2008, and making a part payment, the assessee has acquired irrevocable tight, title and interest including possession in the house property in the form of Godown. The registration of the property which […]

Notional Income cannot be added for property lying vacant due to Act of Government

October 29, 2018 1380 Views 0 comment Print

Appellant was prevented by sufficient cause not to let out this property. Therefore, the Notional Income from the said property lying vacant due to Act of Government cannot be added back.

S. 276(C)(1) During pendency of stay application criminal prosecution should not be launched

October 29, 2018 1203 Views 0 comment Print

Ramchandran Ananthan Pothi Vs UOI and Ors. (Bombay High Court) In the event, the petitioner seeks a stay of the order passed by the Assessment Officer by making a stay application, then, during the pendency of such application, the criminal prosecution Section 276(C)(1) of the Income  Tax Act 1961 should not be launched and, if it has been already launched, the same shall not proceed. […]

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