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Judiciary

ITAT explains difference between “derived from the undertaking” and “derived from the business of the undertaking”

September 10, 2018 2049 Views 0 comment Print

Court held that interest on fixed deposits in the bank would be profits and gains derived from any business of an industrial undertaking. The same reasoning would apply to extend deductions under Section 80IA of the Act for the compensation received for non supply of spare parts. T

CESTAT Explains difference between Restaurant & Outdoor Catering Services

September 10, 2018 7848 Views 0 comment Print

Similarly the services rendered by out door caterers is clearly distinguishable from the service rendered in a restaurant or hotel inasmuch as, in the case of outdoor catering service the food/eatables/drinks are the choice of the person who partakes the services.

TDS not deductible on incentives in the nature of Discount

September 10, 2018 17496 Views 0 comment Print

DCIT Vs M/s. Creative Technotex (P.) Ltd. (ITAT Kolkata) Assessee contended that during the year commission was paid to the parties and incentive was also paid to several persons, who physically collect the money from different places as per the direction of the team employed. According to the assessee, this is not commission but incentive […]

Exhibition participation fees allowable in year of payment despite exhibition in next A.Y.

September 10, 2018 10836 Views 0 comment Print

M/s. Talbros Engineering Ltd. Vs ACIT (ITAT Delhi) Assessee had made a payment of sum of Rs.5,75,860/- for participation in exhibition to M/s. Messee Franfurt Trade Fairs India (P) Ltd. for a stall in the international trade fair for the automobile industry. The payment made by the assessee is not in dispute which is evident from […]

IGST leviable on sale of Mizoram lottery tickets by distributor in Maharashtra: AAR

September 10, 2018 1161 Views 0 comment Print

In re Ecool gaming solutions private limited (GST AAR Maharashtra) In the present case, applicant is recipient of supply in the form of lottery and is located in Maharashtra. The supplier of lottery is the State Government of Mizoram which is located outside State .Therefore as per the provisions of Section 7(1) of the IGST […]

NAA imposes Penalty for not passing benefit of reduced GST rate to customers

September 9, 2018 1944 Views 0 comment Print

Shri Pawan Sharma Vs M/S Sharma Trading Company (National Anti-Profiteering Authority) We have also carefully considered the issue of imposition of penalty on the Respondent as the allegation of profiteering has been duly established against him. It is clear from the facts of the present case that the Respondent was fully aware of the Notification […]

UP VAT: No interest can be levied on turnover not admitted by dealer

September 9, 2018 6072 Views 0 comment Print

Union Of India Vs The Commissioner, Trade Tax, U.P. Lucknow (Allahabad High Court) In the present case it is an admitted fact that the revisionist disputed the liability of payment of tax and that the revisionist never admitted liability to pay any tax on the transaction in question and this fact that the revisionist is […]

Mere Hoarding Renting not amounts to ‘Advertising Agency Service’

September 9, 2018 6333 Views 0 comment Print

Vasantham Outdoor Advertising Pvt. Ltd. Vs Commissioner of Central Excise (CESTAT Chennai) It is evident that the appellant was only renting out the hoardings which were either owned by them or leased to them, to various advertising agencies. There is no allegation that appellant had themselves made prepared displayed or exhibited any advertising on their […]

CIT (Appeals) cannot set aside an Assessment Order: ITAT Delhi

September 9, 2018 5670 Views 2 comments Print

Shri Sanjay Thakur Vs The DC IT (ITAT Delhi) Powers of the CIT(A) have been set out in section 251 of the Act. The CIT(A) has more power to send the matter back to the file of the AO for making fresh decision on the issue. Once the assessment order was quashed the CIT(A) has transgressed […]

Receipts from domain name registration amounts to Royalty: ITAT Delhi

September 9, 2018 1416 Views 0 comment Print

Godaddy. com LLC Vs DCIT (ITAT Delhi) Hon’ble Apex Court in the case of Satyam Infoway Ltd. (supra) has held that the domain name is a valuable commercial right and it has all the characteristics of a trademark and accordingly, it was held that the domain names are subject to legal norms applicable to trademark. […]

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