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Section 54- Purchase date is date of possession of flat on which assessee pays final consideration

October 26, 2018 54234 Views 1 comment Print

ITO Vs Sunil Shiv Khanna (ITAT Mumbai) We are of the view that the assessee’s claim of deduction u/s. 54 of the Act is to be reckoned from the date of handing over of the possession of the flat by the builder to the assessee i.e. 11.09.2009, and if we take that date, the assessee […]

Reassessment invalid if Grounds for reassessment being already examined by AO during original assessment

October 26, 2018 1041 Views 0 comment Print

PCIT Vs JP Infrastructure (P) Ltd. (Gujarat High Court) During the original assessment, both the questions raised by AO in reassessment notice, were already examined by AO through a specific queries raised in this respect. Therefore, reassessment being based on mere change of opinion was invalid. FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT […]

Land with no agricultural activities situated within 8 km. of local municipal limits is capital asset

October 26, 2018 13161 Views 0 comment Print

Girdhari Lal Vs ITO (ITAT Delhi) The test for determining whether the impugned land is agriculture bear mainly on the nature or character of the land, and not merely on the actual user or non-user at a particular point of time. If the land is not actually appropriated for agricultural purposes, the minimal requirement is […]

Date of allotment of property is relevant to compute holding period of property

October 26, 2018 4350 Views 0 comment Print

DCIT Vs Deepak Shashi Bhusan Roy (ITAT Mumbai) The coordinate bench of Tribunal in Anita D. Kanjani (supra) held that in order to determine the nature of asset income of section 2(42A), holding period is to be computed from date of issue of allotment letter and not from the date when agreement to sell was […]

Bogus GST Bill: HC suspends provisional attachment of Factory & Bank

October 26, 2018 2754 Views 0 comment Print

we would permit the petitioner to carry on the legitimate business by suspending provisional attachments subject to fulfillment of following conditions: (i) The petitioner creates an undertaking to maintain a stock of the goods of a minimum of Rs. 5 crores. Such undertaking shall be filed before the department as well as before this Court by 15.11.2018;

Certification Service by CA exempt from Service Tax till 28.02.2006

October 25, 2018 5028 Views 0 comment Print

Certification service by a Chartered Accountant was not included in the 11 services enlisted in Notification No. 59/98 (supra) which were taxable. And hence, the certification service being not included in the 11 services so mentioned was clearly exempt in terms of the said notification till 28.02.2006.

Charitable Entity can’t be Taxed because some element of its income is exempt from Principles of Mutuality: ITAT

October 25, 2018 1368 Views 0 comment Print

All India Rubber Industry Association Vs. ADIT (E) (ITAT Mumbai) The Mumbai bench of the Income Tax Appellate Tribunal ( ITAT ) has held that a charitable entity cannot be denied the tax benefits merely because some element of its income is exempt from the Principles of Mutuality. The objects of the assessee are for […]

Interest earned by banking co-op society deductible u/s 80P(2)(a)(i)

October 25, 2018 5265 Views 0 comment Print

Interest earned by co-operative society, engaged in banking business, out of investment made with co-operative bank deductible u/s 80P(2)(a)(i)

Alternative remedy of statutory appeal must be availed before filing Writ in HC

October 25, 2018 966 Views 0 comment Print

Once the petitioner has got efficacious alternative remedy of statutory appeal, the same ought to have been availed by it before invoking the writ jurisdiction of this Court.

GST on long duration post graduate diploma/ degree granting programmes by IIM, Bengaluru

October 25, 2018 3597 Views 0 comment Print

Whether the long duration post graduate diploma/ degree granting programmes offered by the Indian Institute of Management, Bengaluru other than specifically mentioned in Sl.No.67 of Notification No. 12/2017 – Central Tax (Rate) dated 28th June 2017 as amended by Notification No. 2/2018 dated 25th January 2018 are exempted from the GST output liability on education as a part of a curriculum for obtaining a qualification recognized by any law for the time being in force in the light of enactment of the Indian Institute of Management Act, 2017?

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