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Judiciary

ITAT on addition for share application money received from bogus shareholders

October 4, 2018 2439 Views 0 comment Print

ACIT Vs Goldmohur Design And Apparel Park Ltd (ITAT Mumbai) Bombay High Court in CIT vs Gangadeep Infrastructure Pvt. Ltd. (394 ITR 680)(Bom.) held in this context to the pre-amended section 68 has held that where the Revenue urges that the amount of share application money has been received from bogus shareholders then it is […]

GST on One time Concession fees on property given on long term lease

October 4, 2018 10161 Views 0 comment Print

In re M/s Goa Tourism Development Corporation Ltd. (GST AAR Goa) Whether GST is applicable on One Time Concession Fees Charged by M/s Goa Tourism Development Corporation Ltd. in respect of their property for a long term lease of 60 years? From the statute of the provisions of section 142(10) ibid it can be easily […]

GST (Compensation To States) Act, 2017 is Constitutionally Valid: SC

October 4, 2018 3054 Views 0 comment Print

Union of India Vs Mohit Mineral Pvt. Ltd. (Supreme Court of India) (1) Whether the Compensation to States Act, 2017 is beyond the legislative competence of Parliament? Ans. 1 -The Compensation to States Act, 2017 is not beyond the legislative competence of the Parliament. (2) Whether Compensation to States Act, 2017 violates Constitution (One Hundred […]

Audit fees/bank charges, communication & office expenses allowable U/s. 37

October 3, 2018 18765 Views 0 comment Print

Conclusion: Receipt of agency commission, travel by directors to explore possibilities of getting business and taking premises on lease for the purpose of manufacturing activity was sufficient to conclude that business of assessee had been set up during the relevant previous year, therefore, assessee was entitled to claim deduction of all the expenses under section 37.

Service Tax cannot be levied on rent received for leasing fit outs

October 3, 2018 1863 Views 0 comment Print

M/s. Khivraj Techpark Pvt. Ltd. Vs Commissioner of Service Tax (CESTAT Chennai) The issue that arises for consideration is whether the appellants are liable to pay service tax on the rent received for leasing the fit outs. Undisputedly, the appellants have entered into two different agreements for leasing the premises and leasing the fit The […]

S.263 CIT cannot treat Loss as speculative which was treated as business by AO with due application of mind

October 3, 2018 768 Views 0 comment Print

Where AO after making adequate enquiries and verification held that forward contract loss was allowable as normal business loss, CIT was not justified in treating the same as speculative one and the assessment order as erroneous and prejudicial to the interest of revenue.

Addition for ON MONEY received on Sale of Flat should be based on evidence found during search

October 3, 2018 8223 Views 0 comment Print

M/s Runwal Projects Pvt Ltd Vs DCIT (ITAT Mumbai) There is no dispute with regard to the fact of receipt of on-money from sale of flats. This fact has been admitted by the assessee including its director in the statement recorded during the course of search. This fact is also supported by incriminating material found […]

CIT cannot invoke revisionary jurisdiction against draft assessment order

October 3, 2018 1740 Views 0 comment Print

M/s. Apollo Tyres Limited Vs Addl. CIT (ITAT Cochin) A draft order, as such, is not appealable, except to be challenged by the assessee before the DRP, which exercises the power, inter alia, to make enhancement. The very rationale in the giving the power of enhancement to the DRP is to correct the draft order […]

Allow filing of GST TRAN-1 either online or manually: Rajasthan HC

October 3, 2018 1872 Views 0 comment Print

SRF Limited Vs Additional Commissioner (Rajasthan High Court) Hon’ble Rajasthan High Court after taking cognizance in a bunch of writ petition filed, relating to loss of right to avail balance of input tax credit on account of technical difficulties in filing TRAN 1 has  directed the additional Commissioner to provisionally entertain the GST TRAN- 1 […]

CIDCO is ‘Government Entity’ for GST: 12% GST applicable

October 3, 2018 14121 Views 1 comment Print

Whether CIDCO is covered under the definition of the term ‘Government Entity’ as per Notification No. 31/2017 – Central Tax (Rate) dated 13 October 2017?

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