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Judiciary

GST: Calcutta HC transfers Appeal filed before wrong authority

September 5, 2018 966 Views 0 comment Print

Supersmelt Sponge Private Limited. Vs Superintendent, (Anti Evasion), Central Tax, C.G.S.T., Commissionerate, Bolpur & Ors. (Calcutta High Court) It was submitted that, the appeal filed by the petitioner is before a wrong authority. The Additional Commissioner (Appeals), C.G.S.T. Commissionerate, Siliguri has jurisdiction over the subject matter. He submits that, respondent no. 3 as described in […]

Cenvat Credit not receivable on Bogus Purchase Transaction

September 5, 2018 1407 Views 0 comment Print

Mangalam Alloys Ltd. Vs Commissioner of Central Excise Ahmedabad-III (Gujarat High Court) The Revenue authorities and the Tribunal concurrently came to the conclusion that the transactions in question were non­existence. The assessee was not able to establish the actual movement of the goods. When the RTO report strongly suggested that the vehicles in which the […]

Interest on Loans for Investment in Agricultural Land not allowable

September 4, 2018 12816 Views 0 comment Print

Interest expenditure could be allowed only if the loan was borrowed for the purpose of the business of the assessee and if it is used for the purchase of an asset which yielded exempted income, that interest expenditure cannot be allowed u/s. 36(1)(iii) of the Act.

Section 50C does not Apply to Land treated as Stock-in-Trade

September 4, 2018 4872 Views 0 comment Print

Explore Amar Das’ ITAT case. Section 50C, capital gains clarified. Rs. 43,22,878 addition overturned. Get insights on tax implications.

No Penalty for addition due to deeming provisions of Section 50C

September 4, 2018 11463 Views 0 comment Print

A.O. applied the deeming provisions of Section 50C of the I.T. Act, for the purpose of making the addition. Thus, the A. O. did not bring any positive evidence on record to show that assessee has concealed particulars of income or furnished any inaccurate particulars.

Income from let out property- Ownership vis-a-vis nature of activity

September 4, 2018 1062 Views 0 comment Print

Hemkunt Chemicals Pvt. Ltd. Vs ITO (ITAT Delhi) To decide nature of income received from letting out of property the deciding factor is not ownership of premises but the nature of activity of assessee and nature of operations in relation thereto. As evident from assessees memorandum, objects of the company were to buy, purchase or […]

S. 40A(3) Validity of Cash payments exceeding limit to Electricity Board

September 4, 2018 2844 Views 0 comment Print

Ayub Ali Vs ACIT (ITAT Jaipur) The assessee has entered into an agreement with a Government Hospital in Bikaner whereby it operates the MRI and CT Scan machines. The nature of such activities therefore demand a continuous supply of electricity and the assessee cannot risk the life of the patients especially those admitted in emergency […]

Seized cash eligible for appropriation against interest liability U/s. 234A

September 4, 2018 2316 Views 0 comment Print

Nitin Kumar Vs ACIT (ITAT Kolkata) Interest under section 234A is charged for delay in filing of the return from the prescribed due date. The cash was seized from the possession of the assessee before due date of filing of return under section 139(1) in the relevant assessment year when such seizure took place. Thus, […]

GST on Job work Charges Related to Beer and supply of beer

September 4, 2018 4419 Views 0 comment Print

Supply of beer per se is not taxable under GST. What is taxable in the subject case is the job work which is a service provided by PIL to the applicant, for which they are receiving consideration.

Remuneration to partners cannot be disallowed if Partnership deed mentions the method of quantification

September 4, 2018 5052 Views 0 comment Print

JRA & Associates Vs ACIT (ITAT Delhi) After perusal of the partnership deed in the assessee’s case it can be seen that the CBDT Circular in Clause 4 has categorically mentioned that even the method of quantification can be accepted as per the provisions of Section 40(b) (v) of the Act. Besides that the Hon’ble […]

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