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Judiciary

Disallowance U/s. 40(a)(ia) for income assessed as Income from other sources

September 13, 2018 3420 Views 0 comment Print

Shri Digamber Jain Bees Panthi Ajmeri Amnay Panchayat Bada Dhada Vs ITO (ITAT Jaipur) When the income of the assessee has been assessed under the head ‘Income from other sources’ and there is no provision U/s 56 to 58 of the Act to make a disallowance U/s 40(a)(ia) of the Act prior to the amendment […]

S. 151: Sanction granted by writing ‘Yes, I am satisfied’ is not sufficient

September 13, 2018 5130 Views 0 comment Print

Where the JCIT/ACIT has only recorded Yes I am satsfied then, it has to be held that the approving authority has recorded satisfaction in a mechanical manner and without application of mind to accord sanction for issuing notice u/s. 148 of the Act for reopening of assessment and in this situation initiation of reassessment proceedings and reopening of assessment has to be held as invalid and bad in law.

Property Attachment notice by TRO cannot be challenged before HC

September 13, 2018 5277 Views 0 comment Print

Champa Devi Vs Tax Recovery Officer (TRO) (Madras High Court) In the instant case, the respondent has issued the impugned notice and the petitioner has straightaway approached this Court and filed this writ petition. In my considered view, this writ petition is not the proper remedy, which the petitioner should have availed. In this regard, it is relevant […]

GST on LED based luminaire in passenger coaches of Indian Railways

September 13, 2018 1128 Views 0 comment Print

In re Bitcom Technologies Pvt. Ltd. (GST AAR Uttar Pradesh) a) What is the correct classification HSN code based luminaire in passenger coaches of Indian Railways which exclusively works on electric supply of 110/127 Volts? Ans.  Correct classification of luminaire in passenger coaches of Indian Railways which exclusively works on electric supply of 110/127 Volts […]

CIT cannot disturb stock valuation method followed by Assessee consistently

September 12, 2018 4308 Views 0 comment Print

M/s. Sree Alankar Vs PCIT (ITAT Cuttack) In the instant case, we find that it is not in dispute that the assessee is consistently following the same method of valuation of closing stock which was also followed in the year under consideration. The profit was deduced in accordance with the method adopted by the assessee. […]

GST on fee paid for grant of license sale of liquor for human consumption; HC dismisses petition

September 12, 2018 756 Views 0 comment Print

Learned counsel for the respondent fairly submitted that he has received instructions to the State that in 26th meeting of GST Council held on 10-3-2018 it has been decided that no GST/Service Tax is leviable on the fee paid for grant of license sale of liquor for human consumption

Service Tax Payment before issue of SCN not a bar to Impose Penalty

September 12, 2018 6888 Views 0 comment Print

N & N Chopra Consltants Pvt. Ltd Vs Principal Commissioner, Goods & Service Tax & Central Excise (Delhi High Court) The facts of this case, in the opinion of this court, notes that the assessee was aware about its service tax liability; despite this knowledge, it filed its returns claiming that no liabilities were attracted. […]

Capital Gain Taxable in the year in which possession of property passed on to developer

September 12, 2018 1434 Views 0 comment Print

M/s. Telukunta Chandra Mohan Rao (HUF) Vs ITO (ITAT Hyderbad) The question raised is, in the case of ‘JDA’ transaction, at what point of time, capital gain arises. It is settled law that in the year in which the possession of the property is passed on to the developer is the year in which the […]

Unsecured loan/ Gifts to be added to Income if creditworthiness of giver not proved

September 12, 2018 6981 Views 0 comment Print

Sitaram Ramchanddas Patel Vs ITO (Gujarat High Court) When the assessee failed to prove the capacity of the concerned persons who alleged to have given the unsecured loan and/or gift, it cannot be said that the learned Tribunal has committed any error in confirming the additions made by the Assessing officer and confirmed by the CIT (Appeals) of Rs.19,92,730/= […]

AAR not maintainable if question raised in application is already pending

September 12, 2018 1224 Views 0 comment Print

In re Sterlite Technologies Limited (GST AAR Maharashtra) Authority for Advance Ruling shall not admit the application where the question raised in the application is already pending or decided in any proceedings in the case of an applicant under any of the provisions of this Act” and further stating that in view of the express […]

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