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Judiciary

Income from frequent Sale/Purchase of shares within small duration is business Gain

September 28, 2018 3390 Views 0 comment Print

DCIT Vs M/s Divya Shakti Trading Services Ltd. (ITAT Delhi) In this case assessee has purchased and sold scrips multiple times, on various dates alleged to have been held as investment within small duration. The magnitude of purchases on each date has been very large in respect of all these shares. Thus in our considered opinion frequency and volume […]

Revision U/s. 263 cannot be done if AO has taken Plausible view resulting in revenue loss

September 28, 2018 1422 Views 0 comment Print

If the view taken by the AO was a plausible view and if it results in loss of revenue, it could not be treated as prejudicial to the interests of the Revenue for the purpose of invoking the power under section 263.

Individual cannot be taxed for Property sold by HUF

September 28, 2018 4311 Views 0 comment Print

Janak Kanakbhai Trivedi Vs ITO (Gujarat High Court) It is the case of the appellant that the impugned ancestral property was actually acquired by the HUF of the appellant and that actually by mistake the appellant has given his individual PAN number at the time of execution of the sale deed. It has been argued […]

Transfer of a portion of land in lieu of built-up area on retained land vid JDA was transfer u/s 2(47)(v)

September 28, 2018 2901 Views 0 comment Print

By virtue of JDA, assessee was parting with a portion of its land and in consideration thereof, was receiving built-up area on the land retained by it which was a transfer within the meaning of section 2(47)(v) however, AO was directed to re-compute the capital gain again by considering only elements which were necessary for the construction of the building as the cost of construction, and not the entire expenditure of the builder, including the compensation agreed to be paid to K and also the finance charges etc., which were not relevant for computing the cost of the construction. 

PP Leno bags of woven PP fabric classifiable as Sacks & Bags under HSN 63053300

September 28, 2018 2124 Views 0 comment Print

In re RLJ Woven Sacks Pvt. Ltd (GST AAR West Bengal) ‘PP Leno Bags’, if specifically made from woven Polypropylene fabric using strips or the like of width not exceeding 5 mm and without any impregnation, coating, covering, or lamination with plastics, are to be classified under Tariff Sub Heading 63053300. FULL TEXT OF ORDER […]

Usance interest for delayed payment to holding company liable to TDS

September 28, 2018 4200 Views 0 comment Print

Usance interest paid for the delayed payment to its holding company was not any part of purchase price of goods and was interest within the definition of term ‘interest’ under section 2(28A), therefore, assessee was liable to withhold tax under section 195 from said payment.

Deduction allowable for Salary / interest to partners in computing undisclosed profit

September 28, 2018 4965 Views 0 comment Print

Where the partners of assessee firm were working partners entitled to salary and interest as per the partnership dead payment of such interest and salary was allowable in case best judgment assessment is made by AO.

Tax Audit Due Date Extension: Allahabad HC dismisses Appeal as infructuous

September 28, 2018 2475 Views 0 comment Print

Sri Mathur has placed before us an order under Section 119 whereby the due date has already been extended by this order till 15th October, 2018. In view of the above, it appears that the matter has become infructuous as it has lost its efficacy.

ITC on maintenance of township, guest house, hospital, horticulture in ordinary course of business

September 28, 2018 2811 Views 0 comment Print

In re National Aluminium Company Ltd. (GST AAR Odisha) Advance Ruling in respect of entitlement to take credit of input tax paid on various goods and services used for maintenance of applicant’s township, guesthouse, hospital, horticulture in its ordinary course of business. Establishment of hospitals and maintenance thereof may be for discharging the statutory obligation […]

GST ITC on maintenance of township, guesthouse, hospital, horticulture

September 28, 2018 17172 Views 0 comment Print

In re National Aluminum Company Limited (Nalco)- GST AAR Odisha Advance Ruling is sought in respect of entitlement to take credit of input tax paid on various goods and services used for maintenance of applicant’s township, guesthouse, hospital, horticulture in its ordinary course of business. Establishment of hospitals and maintenance thereof may be for discharging […]

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