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Judiciary

Addition for Bogus Share Capital cannot be made on the basis of mere suspicion

September 20, 2018 1023 Views 0 comment Print

Tribunal, on examination of facts, has come to the conclusion that the investment made by the shareholders is not hit by Section 68 of the Act. It records, that the entire basis of the Revenue’s case is based on surmise that the respondent was taking bogus purchase bills and cash was introduced in the form of share capital without any evidence in support. Therefore, the view taken by the impugned order of the Tribunal on facts is a possible.

Disallowance U/s. 40(a)(i) on Commission payment to non-resident agents without TDS

September 20, 2018 2280 Views 0 comment Print

Where assessee made payment of commission to non-residents outside India for procuring export orders, income of non-resident agents could not be considered to accrue or arise in India and therefore, there was no liability of assessee to deduct tax at source.

To Tax capital Gain from Penny Stocks it is need to be proved that there is a scam and assessee is part of scam

September 20, 2018 7560 Views 0 comment Print

he submission of the assessee that she is just an investor and as she received some tips and she chose to invest based on these market tips and had taken a calculated risk and had gained in the process and that she is not party to the scam etc., has to be controverted by the revenue with evidence.

Casual approach of Revenue in prosecuting its appeals should be stopped: HC

September 20, 2018 849 Views 0 comment Print

PCIT Vs Starflex Sealing India Pvt. Ltd (Bombay High Court) We are pained at this attitude on the part of the State to obtain orders of admission on pure questions of law by not pointing out that an identical question was considered by this Court earlier and dismissed by speaking order. This is not for the first time that […]

AO & CIT can grant stay on payment of amounts lesser than 15%/ 20%

September 20, 2018 7308 Views 0 comment Print

Hon’ble Supreme Court held that CBDT’s Office Memorandum (‘OM’) dated 29th February, 2016 & 31.07.2017 by which AO’s have been directed to grant stay of disputed demand on payment of 20%/ 15% does not fetter the power of the AO & CIT to grant stay on payment of amounts lesser than 15%/ 20%.

Stay order need to be reasoned order and should not be a mere direction to pay

September 20, 2018 3699 Views 0 comment Print

LG Electronics India Private Limited Vs PCIT (Delhi High Court) Mr. Deepak Chopra, learned counsel for the Petitioner, has produced before this Court a copy of OM dated 31st July, 2017 which modifies the earlier OM, dated 29th February, 2016, issued by the Central Board of Direct Taxes (‘CBDT’), stating that standard rate for grant of stay […]

IGST payable on service given in Goa to person registered in Maharashtra

September 20, 2018 9933 Views 1 comment Print

In re Grasshopper Production (GST AAR Goa) Whether Event Management support services provided in Goa to a registered person in Maharashtra is governed u/s 12(7)(i) of the IGST Act, 2017? The Event Management support services provided in Goa to a registered person in Maharashtra is governed u/s 12(7)(i) of the IGST Act. Hence same should […]

GST on advance for sale of villas prior to issue of completion certificate

September 20, 2018 6357 Views 0 comment Print

In re Quattroporteluxury Homes LLP (GST AAR Goa) Determination of liability to pay tax on sale of villas after completion and obtaining necessary approvals from the competent authority The applicant has failed to produce supporting documents to prove that he has borrowed money from Mr. Zubin Dubash and the amount received by the applicant is […]

18% GST payable on Services for issuing PUC Certificate

September 20, 2018 32361 Views 2 comments Print

In re Venkatesh Automobiles (GST AAR Goa) Whether the service provided for issuing Pollution Under Control (PUC) Certificate for Vehicles on behalf of State Government is exempted from the GST or not? The Activity of issuance of Pollution Under Control Certificate for vehicles issued by the applicant is not covered under SAC 9991 and is […]

Adjusted Rental advance given for Business for Lock in period is allowable

September 19, 2018 3252 Views 0 comment Print

Understand why rental advance write-off isn’t capital loss but a business expense. ITAT Hyderabad rules in favor of Apollo Munich Health Ins. Co. Ltd.

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