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Judiciary

Interest u/s 234E cannot be levied in respect of TDS returns filed prior to 1.6.2015

October 3, 2018 3825 Views 0 comment Print

M/s. Terra Infra Development Limited Vs ITO (ITAT Hyderabad) Provisions for levy of fee in certain cases has been brought into the Statute book w.e.f. 1.7.2012, it has been brought under the purview of section 200A only w.e.f. 1.6.2015. Therefore, as rightly held by the Coordinate Bench in the case of M/s. Sonalac Paintings & […]

Fan Coil Unit classifiable under Heading No. 8415 as its basic function is air conditioning of a place

October 3, 2018 7248 Views 0 comment Print

In re Bhutoria Refrigeration Private Limited (GST AAR Maharashtra) Question 1:- Whether the Fan Coil Unit is covered under HSN Code 8418 under Goods and Service Tax Act, 2017. Fan Coil Unit (FCU) is a simple device consisting of a heating and or cooling heat exchanger or ‘Coil’ and fan. It is a part of […]

No TDS u/s. 194G on Sale of Lottery Ticket by Agent to Sub-Agent

October 3, 2018 4299 Views 0 comment Print

ACIT Vs Smt. Biji Suresh (ITAT Cochin) The provisions contained in section 194G of the Act provides for deduction of TDS by any person who is responsible for paying to any person, who is stocking, distributing, purchasing or selling lottery tickets, any income by way of commission, remuneration or prize on such tickets, at the […]

Deduction u/s 10B allowable based on approval from STPI despite non-ratification by Board

October 3, 2018 2616 Views 0 comment Print

Deduction under section 10B could not be denied on the ground that the approval of STPI units of the assessee was not ratified by the Board of approvals as mandated u/s 10B.

Tax Audit Due Date Extension- Delhi HC listed case for 26.11.2018

October 3, 2018 13413 Views 0 comment Print

Northern India CA Federation Vs. Central Board Of Direct Taxes (Delhi High Court) In respect of appeal filed by Northern India CA Federation by which it requested Hon’ble Delhi High Court to direct CBDT to extend the due date of Tax Audit and relevant Income Tax Returns to 31st October 2018. Hon’ble High Court  while […]

Consistent loss of cases by revenue in Higher Courts could be termed as a deliberate

October 2, 2018 879 Views 0 comment Print

PCIT Vs International Biotech Park Ltd (Bombay High Court) Revenue has been selective in its approach. It picks either the assessee or the assessment years pertaining to that assessee for challenging the orders in relation to them, before the higher forums. This results in revenue leakage or perpetuation of wrongs affecting adversely the collection of revenue. The public at large […]

ITAT allows Loss due to write off of Investment in Joint Venture

October 2, 2018 10326 Views 0 comment Print

Sahara Global Vision Pvt. Ltd Vs ACIT (ITAT Delhi) Assessee entered into joint venture by way of participating in a company in USA for distribution of petroleum and chemical products after obtaining approval from RBI. There is also no dispute that the joint venture company in USA was liquidated. The facts on record show that […]

S. 147 AO should allow four weeks’ time to assessee after rejection of objections

October 2, 2018 6243 Views 0 comment Print

Smt. Kamlesh Goel Vs The I.T.O (ITAT Delhi) The bone of contention is as to whether the Assessing Officer has rightly framed the impugned order within 16 days of disposing of the objections of the assessee. The answer is given by the coordinate bench in the case of Metaplast Engineering P. Ltd in ITA No. […]

RTI Applications for VAT returns of third parties cannot be entertained

October 1, 2018 2571 Views 0 comment Print

Applications under the Right to Information (RTI) in respect of VAT returns of the third parties cannot be entertained as there is no case of larger public interest involved in it.

Mere use of any forged or counterfeit currency/bank notes is not an offence

October 1, 2018 8667 Views 0 comment Print

Sanskriti Jayantilal Salia Vs. State of Maharashtra (Bombay High Court) When mens rea is conspicuously absent, mere use of any forged or counterfeit currency notes or bank notes cannot attract the provisions of Section 489(B). The essential ingredient of the said offence being that the person, who receives the notes has reason to believe that […]

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