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Judiciary

Evidence submitted during assessment cannot be rejected merely for non submission at the time of seizure

September 5, 2018 1518 Views 0 comment Print

There is no requirement in law that evidence in support of its case must be produced only at the time when the seizure has been made and not during the assessment proceedings.

Penalty U/s. 271(c) not sustainable if notice not have specific charge

September 5, 2018 3996 Views 0 comment Print

As notice issued under section 274 read with section 271(1)(c) of Income Tax Act, 1961 did not specify particular viz., whether assessee had concealed particulars of income or had furnished inaccurate particulars thereof, hence, levy of penalty could not be sustained.

Provisions on Notional basis & not accrued liability not eligible for deduction

September 5, 2018 3579 Views 0 comment Print

Recently, in the Kanaka Mahalakshmi Cooperative Bank Ltd. vs. ACIT & vice-versa [ITA Nos. 299 & 300/VIZ/2017 and ITA Nos. 326 & 327/VIZ/2017, (A.Y.: 2012-13 & 2013-14), decided on 5.9.2018], there were cross appeals by the assessee and the Revenue for the AYs 2012-13 & 2013 & 14. In ITA No. 299/VIZ/2007, one of the ground related to the addition of Rs. 26,10,443/- on account of interest on reverse fund.

Assessment after search U/s. 153A is limited to incriminating evidence found during search

September 5, 2018 2172 Views 0 comment Print

CIT Vs M/s. SKS Ispat & Power Limited (Bombay High Court) On perusal of Section 153A of the Act, it is manifest that it does not make any distinction between assessment conducted under Section 143(1) and 143(3). This Court had occasion to consider the scope of Section 153A of the Act in case of The […]

Surveying Indian market for foreign group co. is Market Research not Support Service

September 5, 2018 6474 Views 0 comment Print

In re Asahi Kasei India Private Limited (GST AAR Maharashtra) Question:- 1. Whether the service supplied by the Applicant under the Service Agreement dated 1 March 2013 constitute a supply of ‘Support services’ falling under HSN code 9985 ‘Intermediary service’ classifiable under HSN code 9961 /9962? Answer (i) The services provided by the applicant in the […]

CIT cannot cancel registration certificate granted U/s. 12A till 01.10.2004

September 5, 2018 855 Views 0 comment Print

Industrial Infrastructure Development Corporation (Gwalior) M.P. Ltd. Vs CIT (Supreme Court of India) The CIT had no express power of cancellation of the registration certificate once granted by him to the assessee under section 12A till 1-10-2004. It is for the reasons that, first, there was no express provision in the Act vesting the CIT […]

Levy of GST Rate applicable in case of “Neem Seed”

September 5, 2018 15789 Views 0 comment Print

The Neem fruit is known as ‘Nimouli’ in Chhattisgarh and is collected in both fresh and dry forms and is used for making neem oil only, after drying the neem seed. Dry neem fruit is not generally used for trading for horticulture or agro-based commercial purpose i.e. dry neem fruit is not identifiable with seed commercially.

AAAR modifies ruling on GST on solar power plant Installation

September 5, 2018 6741 Views 0 comment Print

Get insights into the modified ruling by the Appellate Authority for Advance Ruling regarding the tax liability on the supply of PV modules in solar power plant contracts.

GST leviable on rent paid /payable for premises taken on lease

September 5, 2018 5535 Views 0 comment Print

Gain insights into the upheld ruling by the Appellate Authority for Advance Ruling regarding the GST levied on rent paid for premises taken on lease by Tathagat Heart Care Centre.

GST Rate on sale of Flats/Units under Affordable Housing Project

September 5, 2018 8451 Views 0 comment Print

In re Ideal Construction (GST AAR Maharashtra) Question 1.What is the rate of tax to be levied on the sale of Flats/Units to the prospective buyers? And whether registration of project under Pradhan Mantri Awas Yojana is required? Answer :- The rate of tax to be levied is 12% (8% GST after deducting value of […]

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