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Judiciary

Law not bars re-conversion of business assets into capital asset and vice versa

August 31, 2018 4470 Views 0 comment Print

Shri Rameshchandra Chhabildas Vs JCIT (ITAT Surat) n the present case, the assessee has converted his stock-in trade in to capital asset and sold out the said asset after its conversion, the gains arising therefrom is therefore, required to be taxed as long-term capital gain and not as business income as held by the AO. Since […]

Opening of A/c in Foreign bank with Indian Passport- Indian Origin of deposit cannot be ruled out

August 31, 2018 846 Views 0 comment Print

DCIT  Vs. Rahul Rajnikant Parikh (ITAT Mumbai) We note that at the time of opening of the bank account in Geneva, the assessee was a US citizen and resident and he was holding a US passport. Still the assessee chose to open the account in HSBC bank account in Geneva by using the address and proof thereof […]

Taxability of Amount Deposited by NRI in Foreign Bank Account- ITAT Explains Law

August 31, 2018 2190 Views 0 comment Print

DCIT Vs Dipendu Bapalal Shah (ITAT Mumbai) In the instant case undisputedly the assessee is a non-resident since 1979, as per the provisions of Section 6 of the IT Act. The scope of income in case of a non-resident is defined under the provisions of sub-section (2) of section 5 of the Act. As per […]

Co-Op HSG Society cannot charge Transfer fees in excess of permissible fees as donation

August 31, 2018 20622 Views 0 comment Print

Alankar Sahkari Griha Rachana Sanstha Vs Atul Mahadev Bhagat & Anr (Bombay High Court) When the persons come together with common object of housing, after formation of a Cooperative Society, they are governed under rules and bye-laws of Maharashtra Cooperative Societies Act. So far as the members are concerned, the Cooperative Housing Society can collect […]

Unsold flats held by builder as stock cannot be taxed as income from house property

August 31, 2018 7752 Views 0 comment Print

ITO Vs. Arihant Estates Pvt. Ltd (ITAT Mumbai) In the case on hand before us it is an undisputed fact that both assessees have treated the unsold flats as stock in trade in the books of account and the flats sold by them were assessed under the head ‘income from business’. Thus, respectfully following the above […]

TDS not deductible on reimbursement of expenses under Income Tax Law

August 31, 2018 4965 Views 0 comment Print

Klaus Multiparking System Pvt. Ltd. Vs ACIT (ITAT Pune) As per bills raised by ‘S’ assessee had merely reimbursed octroi charges in addition to payment of transportation charges to said ‘S’. It was not requirement of law to deduct tax at source out of reimbursement of expenses, therefore, assessee could not be held to be […]

Bona fide mistake should be demonstrated with Circumstantial Evidence

August 31, 2018 4428 Views 1 comment Print

Swift Knit Pvt.Ltd. Vs ITO (ITAT Ahmedabad) Only arguments raised by the ld.counsel for the assessee is that, it was an inadvertent and bona fide mistake while filing the return. Question before us is, how such mistake was committed and how it could be termed as an inadvertent or bona fide mistake. In the case […]

Companies can avail Cenvat Credit on CSR Expenses

August 31, 2018 5280 Views 0 comment Print

Essel Propack Ltd. Vs Commissioner of CGST, Bhiwandi (CESTAT Mumbai) To pin point the dispute, it is now to be looked into as to if CSR can be considered as input service and be included within the  definition of “activities relating to business” and if in so doing, a company’s image before corporate world is […]

Appellant raised a new issue at appeal stage, AAAR remanded case back to AAR

August 31, 2018 1335 Views 0 comment Print

In re Fairmacs Ship Stores Private Limited (GST AAAR Andhra Pradesh) The Appellant raised a new issue at the appeal stage, and the case is remanded back to original authority. The applicant has raised a new issue for clarification, which was not placed before the Advance Ruling Authority, i.e. to decide whether the transactions are […]

Service Tax exemption to Electrical Contractor under mega exemption Notification?

August 31, 2018 19326 Views 1 comment Print

Arvindra Electricals Vs Commissioner of Central Excise & ST (CESTAT Chandigarh) Whether Electrical Contractor is exempt from service Tax under mega exemption Notification No. 25/2012-ST issued dated 20.06.2012. Yes, In the case of M/s. Arvindra Electricals Vs Commissioner of Central Excise & ST, Chandigarh it has been decided that services provided by by electrical contractor […]

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