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Judiciary

Settlement commission order holding that assessee had misrepresented facts without an enquiry into the matter is invalid

August 28, 2018 2937 Views 0 comment Print

Dr. Prathap Chandra Reddy  Vs Income Tax Settlement Commission (Madras High Court) Settlement Commission did not conduct an enquiry to satisfy itself that the stand taken by the PCIT by way of a supplementary report could be a valid ground to come to a conclusion that the assessee had made a false claim on the refund due. The […]

Firm not Assessable for Unexplained Cash Credits for Capital Introduced by Partner

August 28, 2018 2031 Views 0 comment Print

ITO Vs Bajaj Roadways (ITAT Kolkata) Revenue’s substantive ground seeking to revive unexplained cash credit addition of Rs.64, 10,000/- in assessee’ s partners’ capital Suffice to say, various judicial precedents have settled the law that such addition has to be made in the concerned partners’ hands than in case of a firm assessee. We quote one […]

TDS not deductible on payments on behalf of clients as C&F Agent

August 28, 2018 22182 Views 0 comment Print

M/s. KGL Network (P) Ltd. Vs ACIT (ITAT Delhi) Assessee-company made payments on behalf of its clients as Clearing and Forwarding (C&F)Agent which were reimbursed to the assessee-company. The  assessee-company did not make claim of deduction in the P & L A/c. Similar claim of assessee-company has been allowed in earlier and subsequent year, therefore, rule […]

P&H HC taken note of non issue of VAT Refund despite Order to refund

August 28, 2018 1152 Views 0 comment Print

State is not refunding the amount due to the assessees despite there being orders passed in their favour or otherwise they were found entitled to the same, we direct the Financial Commissioner, Taxation, Punjab to appear in person in Court so that this avoidable litigation can be checked. He shall apprise this Court about the time frame within which refunds due to the assessees will be processed and all pending refund applications will be disposed of and the amount will be paid to the assessees.

Lions clubs not required to register under GST: AAR

August 28, 2018 9441 Views 2 comments Print

In re Lions Club of Poona Kothrud (GST AAR Maharastra) Question :- Since the amount collected by individual Lions clubs and Lions District is for convenience of Lion members and pooled together only for paying Meeting expenses & communication expenses and the same is deposited in single bank account. As there is no furtherance of […]

Reverse Cenvat credit on bottles procured from sister units & sold in market: CESTAT

August 28, 2018 1332 Views 0 comment Print

M/s Hindustan Coca Cola Beverages Pvt. Ltd. Vs Commissioner of Central Excise (CESTAT Hyderabad) The facts of the case in dispute are that the appellant availed on common input services and goods and obtained to the services reversed under Rule 6(3A). The only questions to be decided are a) whether the value of the goods […]

Sec. 271(1)(c) Penalty not justified merely for disallowance of claim

August 28, 2018 18471 Views 1 comment Print

Jain Studios Ltd. & Anr. Vs DCIT (ITAT Delhi)  Mere making of a claim which had not been accepted, would not per se tantamount to furnishing of inaccurate particulars to attract penalty proceedings under section 271(1)(c) of Income Tax Act, 1961. Bare perusal of explanation furnished by the assessee went to prove that it had come up […]

GST on Component of solar power generation system & nature of supply

August 28, 2018 18837 Views 0 comment Print

In re Eapro global limited (GST AAR Uttarakhand) Component of solar power generation system and nature of supply thereof, whether mixed or composite and rate of tax there on? (i) Supply of solar inverter, controller, battery and panels would covered under “Solar Power Generating System” as a whole in terms of serial no. 234 of […]

ITC of goods & services used in erection of infrastructure for leasing to Telecom operators

August 28, 2018 14829 Views 0 comment Print

In re Vindhya Telelinks LTD (GST AAR Uttarakhand) Whether applicant is eligible for ITC of goods and services used for erection of infrastructure to which fibre cables are connected for leasing to Telecommunication operators? we observe that if the goods are movable from one place to another in the same position or liable to be dismantled […]

No exempt Income Received or Receivable- No disallowance U/s. 14A

August 28, 2018 3432 Views 0 comment Print

Section 14A of the Act provides that for the purposes of computing the total income under Chapter, no deduction shall be allowed in respect of expenditure incurred by the assessee in relation to income which does not form part of the total income under the Act. Hence, what section 14A provides is that if there […]

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