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Judiciary

Company Registered under Companies Act of Sikkim is to be assessed as AoP under Income Tax

September 19, 2018 10941 Views 1 comment Print

Himal Enterprise Pvt. Ltd. Vs Income Tax Officer (ITAT Kolkata) The undisputed facts of the case is that the assessee company is registered as a Private Limited Company under the Registration of Companies Act Sikkim 1961. The definition of ‘Company’ under the Income Tax Act, 1961 is given u/s 2(22A) of the Act. This definition does […]

ITAT condones delay in appeal filing due to fighting with CA

September 19, 2018 1923 Views 0 comment Print

Shri Nitesh Agarwal Vs ACIT (ITAT Jaipur) The assessee has explained the reasons for delay as attributable to the various problems on the business front, family front as well as the assessee was having some dispute with his C.A. In support of his explanation, the assessee has filed the record regarding the complaint against the […]

Expenses incurred on abandoned project are revenue expenses

September 19, 2018 13842 Views 0 comment Print

Referring to a circular issued by the CBDT in Circular No.16/2015 dated 06.10.2015, held that film production expenses of abandoned films should be treated as revenue expenditure. This decision was followed in the case of Asia Power Projects P Ltd. (supra).

Applicability of TDS U/s. 194C on Payment made to truck owners

September 19, 2018 6093 Views 0 comment Print

ITO Vs Shri Anil Kumar Nevatia (ITAT Kolkata) The ld. DR vehemently argued that the assessee had used the same truck numbers for transporting its goods and hence explanation of the assessee that payments were made only to the truck drivers and that no oral or written contract was entered into with the truck owners […]

No Penalty U/s. 271(1)(c) for Bonafide Mistake committed by CA

September 19, 2018 11340 Views 0 comment Print

The Delhi bench of the Income Tax Appellate Tribunal ( ITAT ) has held that no penalty can be initiated against the assessee under section 271(1)(c) of the Income Tax Act, 1961 for a bonafide mistake committed on the part of the Chartered Accountant.

Reopening on Sanction of CIT instead of Additional CIT is void

September 19, 2018 1011 Views 0 comment Print

CIT Vs Aquatic Remedies Pvt. Ltd (Bombay High Court) It is undisputed position before us that in terms of Section 151(2) of the Act, the sanctioning/ permission to issue notice under Section 148 of the Act has to be issued by the Additional Commissioner of Income Tax. We find that the Assessing Officer had not […]

After sale support services cannot be treated as composite supply: AAR

September 19, 2018 3015 Views 0 comment Print

In re Toshniwal Brothers (SR) Private Limited (GST AAR Karnataka) a) Whether pure and mere promotion and marketing services will be “intermediary services” for the purposes of section 12 of the Integrated Goods and Services Tax Act, 2017 for determining the place of supply of such services? The contract of services supplied are not pure […]

AAR related to GST on eating joint / mess / canteen withdrawn

September 19, 2018 1527 Views 0 comment Print

In re Compass Group (India) Support Services Private Limited (GST AAR Karnataka) The Applicant vide their letter dated 10.08.2018 requested to permit them to withdraw the advance ruling application, filed by them on 20.04.2018, stating the reason that all the transactions of the applicant, that were subject matter of the questions raised in the advance […]

Tile adhesive and joint filler are taxable @ 18% GST

September 19, 2018 8790 Views 0 comment Print

The tile adhesive and joint filler manufactured by mixing natural products like silica sand, dolomite powder, cement and chemicals come under the category of ‘prepared binder’ specified under HSN 3824 which is taxable @18% GST.

GST on medicines & surgical items supplied through pharmacy by a hospital

September 19, 2018 7851 Views 3 comments Print

In re M/s. Ernakulam Medical Centre Pvt. Ltd. (GST AAR Kerala) i) Supply of medicines and allied items provided by a hospital through pharmacy to in-patients is part of composite supply of health care treatment and hence not separately taxable. ii) Supply of medicines and allied items provided by hospital through pharmacy to out-patients is […]

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