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Judiciary

Lifestyle not passed Benefit of reduced GST rate to Customers: NAA

September 25, 2018 1254 Views 0 comment Print

Miss Neeru Varshney, Vs M/S Lifestyle International Pvt. Ltd. (National Anti-Profiteering Authority) 1. This report dated 02.04.2018 has been received from the Applicant 2 i.e. Director General of Safeguards (DGSG), now re-designated as Director General of Anti-Profiteering (DGAP) under Rule 129 (6) of the Central Goods & Services Tax (CGST) Rules, 2017. The brief facts […]

PILCOM can be treated as Agent of Non-Resident Cricket Boards & Players

September 25, 2018 1263 Views 0 comment Print

Director of Income Tax Vs Board of Control for Cricket in Sri Lanka & Ors. (Calcutta High Court) In 1996, the Cricket World Cup tournament was held in the sub-continent. Sri Lanka won it, for the only time, in history. The International Cricket Council (ICC) has its head quarters in London. It is the organisation […]

Tax Audit Due Date Extension: P&H HC dismisses Appeal

September 25, 2018 4638 Views 0 comment Print

Vishal Garg and others vs Union of India and others (Punjab and Haryana High Court) In respect of Write filed by Mr. Vishal Garg by which he has requested the HC to direct CBDT to extend last date of filing of returns i.e 30th September, 2018 for the assessment year 2018-19 of assessees whose accounts […]

AO has to strike off & specify the limb to initiate penalty proceedings

September 24, 2018 1389 Views 0 comment Print

Deutsche Bank Ag, Mumbai vs. ADIT (International Taxation) (ITAT Mumbai)- Assessing Officer has to strike off and specify the charge/limb for which he is proposing to initiate penalty proceedings under section 271(1)(c): Deutsche Bank case

Web Hosting Services to Indian Entities cannot be treated as FTS

September 24, 2018 1569 Views 0 comment Print

M/s. Savvis Communications Corporation Vs DCIT- International Taxation (ITAT Mumbai) Undoubtedly, when the assessee receives an income on account of allowing a customer to use a scientific equipment, it does become taxable for the reason of its being characterized as such, but the use of a scientific equipment by the assessee, in the course of […]

Delhi VAT: Interest allowable on Pre-Deposit Refund paid for filing Appeal

September 24, 2018 3255 Views 0 comment Print

MRF Ltd. Vs Commissioner of Trade and Taxes (Delhi High Court) Pre-deposit sums which the assessee is compelled to pay to seek recourse to an appellate remedy, do not necessarily bear the stamp or character of tax, especially when it succeeds on the particular plea. That being the case, the insistence upon a procedural step, i.e. filing of a form […]

HC imposes cost on AO for passing whimsical order suffering from malice-in-facts & law

September 24, 2018 1893 Views 0 comment Print

M/s. Kalyani Motors Pvt Ltd Vs Deputy Commissioner of Commercial Taxes (Karnataka High Court) After hearing the learned counsels, this Court is surprised and is pained by the manner in which the authority has passed the impugned reassessment order in the second round of assessement for the period 04.0211 to March 2012 just ignoring the […]

Gain from High volume of trade in shares held for very short period is Business Gain

September 24, 2018 1386 Views 0 comment Print

Vidyasagar M.P. Sah Vs DCIT (ITAT Mumbai) In this case Though activity of purchase and sale of shares was not the main occupation of assessee, however, high volume of trade in shares, and very short holding period showed that assessee was using his knowledge, skill and resources to deal in shares, and gains arising on […]

Tax payable on Capital Gain if Possession handed over despite subsequent agreement cancellation

September 24, 2018 4485 Views 0 comment Print

CIT Vs Harbour View (Kerala High Court) We find that the Tribunal went wrong in holding that the possession was not handed over in pursuance of the agreement for sale as contemplated under section 53A of the TP Act. Once the sale agreement comes under the provisions of section 53A of the TP Act, handing […]

Share Capital Cannot Be Treated as Undisclosed Income of Company: Madras HC

September 24, 2018 1167 Views 0 comment Print

Madras HC: Share allotment against pre-existing liability isn’t unexplained cash credit u/s 68, especially when no cash is involved.

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