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Exemption U/s. 54B on Sale of agricultural land available even if land is cultivated for a part of year during two immediately preceding years

August 16, 2018 2970 Views 0 comment Print

Majid Khan Nisar Khan Vs ITO (ITAT Pune) Revenue records clearly show that there was cultivation on the land. In so far as determination of two years period is concerned, the period of two is to be determined from date of sale and not the immediately two preceding financial years. The date of sale of […]

GST Confiscation proceedings with notice to driver of Vehicle is valid: HC

August 16, 2018 900 Views 0 comment Print

It appears that, the petitioner as the owner was well aware of the confiscation proceedings. At such proceedings, the petitioner did not appear either before the adjudicating authority or the appellate authority or before the Writ Court claiming that, the proceedings stand vitiated by lack of notice to the petitioner. The driver of the vehicle was given notice to the confiscation proceedings. He participated in such confiscation proceedings.

Expense cannot be disallowed merely for not having direct bearing on earning

August 15, 2018 1680 Views 0 comment Print

Loesche India case: it is not necessary that all the payments/expenditure incurred by the assessee should have direct bearing on earning of income, but some payments are also made under certain business expediency

Section 11 Set-off of excess expense against income of future AY is application of Income

August 14, 2018 2175 Views 0 comment Print

PCIT (Exemptions) Vs Green Wood High School (Karnataka High Court) Income derived from the trust property has also got to be computed on commercial principles and if commercial principles are applied, then adjustment of expenses incurred by the trust for charitable and religious purposes in the earlier years against the income earned by the trust […]

Section 54 Exemption allowed on House Property acquired Outside India for A.Y. 2014-15 and for earlier A.Ys.

August 14, 2018 1488 Views 0 comment Print

ITO Vs Arshia Basith (ITAT Bangalore) we find that the assessment year in this appeal is 2014-15 and the provision in section 54F comes w.e.f. 01.04.2015 according to which it was clarified that the residential house is to be acquired only in India meaning thereby before this amendment it was not clear as to whether […]

Sale of running hotel premises would amount to slump sale

August 14, 2018 5187 Views 0 comment Print

The ACIT Vs M/s. Ooty Gate Hotel (ITAT Cochin) In order to understand whether the sale was a slump sale or sale of independent items of assets, necessary we have to examine the intention of the parties to the sale agreement. If the business of the vendor is sold as such as a going concern, […]

No service of notice if served at wrong address despite having correct address

August 14, 2018 5997 Views 0 comment Print

Suresh Kumar Sheetlani Vs ITO (Allahabad High Court) The address was collected by the department from the bank, whereas known address was available with the department on Saral Form-5 of the petitioner. The assessee took the specific plea that he had filed his return of income for the year under consideration i. e. 1999-2000 on […]

GST on Transfer of capital goods by a job-worker to another job-worker which were originally received pre-GST Regime

August 14, 2018 3927 Views 0 comment Print

The basic issue before us is whether on transfer of Machines & moulds (being capital goods), from the premises of the job-worker to another job-worker, which were originally received by said job-worker under the erstwhile Central Excise Act, 1944 will constitute as supply under GST.

Rate of GST on various poultry feed products- Advance Ruling

August 14, 2018 27936 Views 1 comment Print

In re Uttara Impex Private Limited (GST AAR Maharashtra) UTTRA IMPEX PRIVATE LTD is engaged in trading of various poultry feed products But company is facing some ambiguity in correct classification of Products (which are those products is not specified in question). In companies view products shall be covered under the HSN CODES 2301, 2302, […]

5% GST payable on right to use minerals given by Govt under RCM

August 14, 2018 3330 Views 0 comment Print

The services for the right to use minerals including its exploration and evaluation, as per Sr. No. 257 of the annexure appended to notification no. 11/2017-CT (Rate), dated 28.06.2017 is included in group 99733 under heading 9973.

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