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Judiciary

GST Rate on supply of Solar Power Generating System

September 24, 2018 33234 Views 2 comments Print

In re Frizo India Private Limited (GST AAR Rajasthan) Applicable GST Rate on supply of Solar Power Generating System- In instant case the nature of work is of Erection, Procurement and Commissioning of Solar Generating System which falls under the ambit ‘Works Contract Services’ (SAC 9954) of Notification no. 11/2017 Central Tax (Rate) dated 28 […]

AAR cannot give ruling on how to Transfer ITC for claiming refund

September 24, 2018 807 Views 0 comment Print

In re Varun Beverages Limited (GST AAR Uttar Pradesh) How to transfer the portion of input tax credit as belonging to Sandila unit (covered by the infrastructure & industrial investment policy 2012 of the State of Uttar Pradesh for claiming refund of UP GST component paid in cash in the prescribed percentage of policy), lying […]

HC on indexation benefit on sale of inherited tenancy rights

September 24, 2018 12852 Views 0 comment Print

Dharmakumar C. Kapadia Vs ACIT (Bombay High Court) (i) In terms of Section 48 of the Act, the income taxable under the head ‘capital gains’ is to be computed after deducting from the full value of consideration received on sale of capital asset, the cost of acquisition and improvement of the asset. Section 49 of […]

NICAF files writ in Delhi HC against non extension of Tax Audit / ITR due date

September 24, 2018 17781 Views 4 comments Print

Northern India CA Federation Vs Central Board of Direct Taxes (Delhi High Court) Northern India CA Federation has filed a writ petition in Delhi High Court against non-extension of Tax Audit Report and the relevant Income Tax Return filing due date for Financial Year 2017-18 (i.e. A.Y. 2018-19). FULL TEXT OF THE HIGH COURT ORDER […]

Criminalisation & tax evasion by Uncle leads cousin to shell out Rs. 81 lakhs, Gujarat HC directs registering FIR

September 24, 2018 1419 Views 0 comment Print

Petitioner Shah Pintu Pravinbhai, eight years ago executed one power of attorney dated 02.03.2009 in favour of his uncle Shri. Sureshchandra Velchandbhai. Uncle requested the Petitioner to open up one firm in his name have GST(VAT) and CST registration and the said accused shall manage the all business and the Petitioner has to do nothing in the said business.

Tax cannot be levied On Gain from Sale of Agricultural land based on intention of Buyer to use the land for business purpose

September 23, 2018 4821 Views 0 comment Print

the land was sold as an agricultural land and in fact, what was sold was agriculture land. What was the intention of the purchaser cannot be the determinative factor to treat the profit earned by the assessee on sale of agriculture land as business income.

HC explains Accrual of liability under mercantile system of accounting

September 23, 2018 9258 Views 0 comment Print

CIT Vs The KCP Limited (Andhra Pradesh High Court) In this case High Court explains Entire law on accrual of liability under mercantile system of accounting explained read with Accounting Standard 4 (AS-4) (contingencies and events occurring after the balance sheet date) issued by the ICAI and Section 211 of the Companies Act, 1956. FULL […]

Goods Transported without E-Way Bill; HC refuses to provide relief to Habitual Offender

September 23, 2018 1287 Views 0 comment Print

Vanrajbhai Hasmukhbhai Chauhan Vs State of Gujarat (Gujarat High Court) Issue in brief- petitioner is a habitual offender and is in habit of transporting goods without e-way bill and similar modus operandi is adopted to pay tax, the moment he is caught. There were 10 instances wherein the petitioner is caught without e-way bill and […]

No exempt income is received or receivable- No disallowance u/s 14A

September 23, 2018 1572 Views 0 comment Print

It is not the case of the Assessing Officer that any actual income was received by the assessee and the same was includible in the total income. In the facts of the case, the Authorities held that since the investments made by the assessee in the sister concerns were not the actual income received by the assessee, they could not have been included in the total income.

SC orders release of goods when Appellant has paid all taxes except disputed dues

September 23, 2018 2499 Views 0 comment Print

M/s. Gati Kintetsu Express Pvt. Ltd. Vs Commissioner Commercial Tax of Madhya Pradesh & Ors. (Supreme Court of India) Having regard to the facts of the case, more particularly when the petitioner has already paid the tax and insofar as other dues are concerned, which are being demanded, a dispute is raised in this special leave petition in […]

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