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Judiciary

Addition U/s 68 not justified for Mere Non-Production of Director of Share Holder Company

August 10, 2018 2475 Views 0 comment Print

Moti Adhesives P. ltd. Vs ITO (ITAT Delhi) Mere non production of Director of said share holder company cannot justify adverse inference u/s 68 of the Act. Even if there was any doubt if any regarding the creditworthiness of the share applicants was still subsisting, then AO should have made enquiries from the AO of […]

Assessee in default if Not deducted TDS from payment made to non-residents on purchases of immovable property

August 10, 2018 6036 Views 0 comment Print

Where assessee failed to deduct tax at source under section 195 from payment made to non-residents on purchases of immovable property from them and also assessee failed to obtain certificate for non-deduction of TDS, assessee was, therefore, rightly treated by AO as assessee-in-default under section 201(1).

Addition U/s. 68 for Receipt of share capital not justified when Identity, creditworthiness & genuineness proved

August 10, 2018 2985 Views 0 comment Print

ACIT Vs Ravnet Solutions (P.) Ltd. (ITAT Delhi)  Where assessee, in receipt of share capital, had established onus cast on it to explain identity and creditworthiness of subscribers and genuineness of impugned share transactions by filing evidences such as copies of confirmations, ITRs, PANs and bank statements, etc. AO was not justified in making addition […]

GST on commission in foreign exchange for rendering services as an Intermediary

August 10, 2018 33981 Views 1 comment Print

In case the intermediary services are provided to the recipient located outside India, the inter-state provisions as contained under section 7(5) (c) shall be applicable and hence IGST is payable under such transaction.

Disallowance U/s. 40(a)(i) on commission to foreign agents paid outside India

August 10, 2018 1707 Views 0 comment Print

Eaton Industrial Systems (P) Ltd. Vs DCIT (ITAT Pune) Where assessee-company paid sales commission foreign of agents for securing export orders from the buyers abroad the services were not rendered by such foreign agents in India, and no part of the said income had arisen in India, therefore, TDS was not required to be deductible […]

GST payable on Executive Post Graduate Programme in Management by IIM

August 10, 2018 2952 Views 0 comment Print

Indian Institute of Management Indore (GST AAR Madhya Pradesh) Q1. Whether the course – Executive Post Graduate Programme in Management (EPGP), after enactment of Indian Institute of Management Act 2017 notified effective from 31st January 2018, is exempted from Goods and Service Tax?; In respect of Question 1, we hold that the Executive Post Graduate […]

Interest U/s. 234B cannot be levied on payee for failure of payer to deduct TDS

August 10, 2018 1701 Views 0 comment Print

Reuters case: When a duty is cast on the payer to deduct tax at source, on failure of the payer to do so, no interest can be imposed on the payee under Section 234B of the Act

SC Stayed Bombay HC Order Granting Relief to Disqualified Director

August 10, 2018 7953 Views 1 comment Print

On Monday, 06th August 2018, the Honourable Supreme Court has stayed Bombay High Court Interim Order for granting relief to Disqualified Director by admitting Special Leave Petition by Ministry of Corporate Affairs.

CA held guilty of arranging Bogus Bills through Dummy Concerns

August 10, 2018 3798 Views 0 comment Print

Appellant was undoubtedly involved in arranging bogus bills through dummy concerns and charged commission for the same and therefore he was rightly held guilty under the aforementioned clauses for committing the Professional and Other Misconduct by the Board of Discipline of the Institute of Chartered Accountants of India.

HC permits release of Goods Detained for not containing Vehicles Details in E-Way Bill on furnishing BG & Bond

August 9, 2018 1458 Views 0 comment Print

K. Karunakaran Vs Asst. State Tax Officer (Kerala High Court) The petitioner, engaged in works contract, purchased material from Ghaziabad, as seen from Ext.P1 invoice. Ext.P2 e-way bill, however, did not contain the details of the vehicle used for the transport. The vehicle and the goods detained, the petitioner filed this writ petition. 2. In […]

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