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Judiciary

GST on e-procurement Transaction Fee collected on behalf of ITE&C department

September 4, 2018 1842 Views 0 comment Print

In re Andhra Pradesh Technology Services Limited (GST AAR Andhra Pradesh) Whether the e-procurement Transaction Fee collected on behalf of IT E&C department results in supply of goods or services or both, within the meaning of Supply as defined law? Reply : It is “Supply” as defined in SGST Act,2017 and CGST Act,2017. Whether the […]

GST on Excavation of Sand & Transportation service

September 4, 2018 30948 Views 0 comment Print

In re M/s. R. Vidyasagar Rao Constructions (GST AAAR Telangana) Broad category of Goods Transport services are classified with a 4-digit Code as Heading 9965. Under the said classification, ‘Land Transport services’ is a sub-classification with 5-digit Code i.e, Group 99651. The said sub-classification is further divided into four categories of services, each with a six-digit Service Code (Tariff). […]

ITAT allows Vacancy Allowance since Assessee couldn’t find Tenant

September 3, 2018 7116 Views 0 comment Print

Shri Sachin R. Tendulkar Vs DCIT (ITAT Mumbai): The assessee had been unable to let out the property for the captioned period, he was entitled to deduction under section 23(1)(c) for vacancy allowance

CIT(A) cannot records Satisfaction about existence of international transaction instead of AO

September 3, 2018 1248 Views 0 comment Print

Shilpa Shetty case: Recording of ‘satisfaction’ about the existence of an international transaction was only within the jurisdiction of the AO and CIT(A) could not substitute his satisfaction for that of the AO.

School cannot fail a student till Class VIII; School should ensure attendance of student

September 3, 2018 22548 Views 0 comment Print

Right to education up to the age of 14 years is guaranteed as fundamental right under Article 21A of the Constitution of India and a student cannot be failed up to 8th Class.

Registration U/s. 12AA cannot be denied for mere failure to produce original copy of MoA

September 3, 2018 795 Views 0 comment Print

The Managing Committee Aminia Muslim Girls School Vs Pr. CIT (Exemption) (ITAT Delhi) The Ld. CIT(E) declined the registration and approval u/s 12AA and Section 80G respectively, on the sole ground that, the applicant has not filed requisite details as well as MoA for verification, so as to establish the nature and genuineness of the […]

Disallowance U/s. 40A(2)(b) not justified without proving that expense incurred by assessee is excessive

September 3, 2018 6069 Views 0 comment Print

ITO Vs Media Satellite & Telecom Ltd, (ITAT Delhi) In this cse AO could not show that the expenditure incurred by the assessee is excessive or unreasonable providing market comparative price with respect to the fair market value of the goods. The ld AO could not show that without offering the discount the goods are […]

Entertainment Tax payable on payment for admission to Fashion Show

September 3, 2018 936 Views 0 comment Print

Dream Merchant Vs. State of Karnataka (Karnataka High Court) The features of the event organised by the appellant had been, as noticed, quite different. It had been a ‘fashion show’, where there had been sponsorship and advertisements; where the apparels and dresses of various manufacturers were put in exhibition on mannequins as also on live […]

AA confirms Punishment to CA for failure to exercise due diligence

September 3, 2018 2691 Views 0 comment Print

V. Ajay Vs Disciplinary Committee, ICAI (Appellate Authority) 1. This Order deals with the above mentioned two appeals filed by the Appellant before this Authority. First appeal has been filed against an Order dated 20th January, 2017, passed by the Disciplinary Committee of the Institute of Chartered Accountants of India under section 21B(3) of the Chartered Accountants Act, […]

Remuneration to Chairman of Govt Company is Business Expense

September 2, 2018 1671 Views 0 comment Print

DCIT  Vs Garhwal Mandal Vikas Nigam Ltd. (ITAT Delhi) It was observed that as per the Memorandum of Association/Article of Association the Chairman is appointed by the governor of Uttarakhand for such period and upon such terms and on such remuneration, if any, by way of salary or honorarium as the governor may think fit. […]

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