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Judiciary

Provision for warranty expenses should be reliable: Apple India case

August 8, 2018 3921 Views 0 comment Print

ITAT opined that the assessee derived advantage by deferring its income to the extent of excess warranty provision to subsequent years. Therefore, such excess provision cannot be allowed as a deduction as it cannot be said to be reliable.

Interest for TDS Default levied on Buyer of Property even if NRI Seller Already Paid Taxes in his Return

August 8, 2018 1221 Views 0 comment Print

The issue under consideration is whether interest u/s 201(1A) will be levied on assessee even if NRI seller had already paid taxes as per his return?

S. 263 CIT must show that view taken by AO is wholly unsustainable in law

August 8, 2018 2079 Views 0 comment Print

Torrent Pharmaceuticals Ltd Vs DCIT (ITAT Ahmedabad) Revisional Commissioner is expected show that the view taken by the AO is wholly unsustainable in law before embarking upon exercise of revisionary powers. The revisional powers cannot be exercised for directing a fuller inquiry to merely find out if the earlier view taken is erroneous particularly when a […]

AAAR Uttarakhand upheld GST on Abhivahan Shulk (Transit Fee)

August 8, 2018 2424 Views 0 comment Print

Discover the verdict of the Divisional Forest Officer (GST AAAR Uttarakhand) regarding the exigibility of Abhivahan Shulk to GST. Explore the detailed analysis and conclusions of the AAAR Uttarakhand in this case.

Contribution to Fishermen’s Welfare Fund allowable despite the fact that fund been held Unconstitutional by SC: HC

August 7, 2018 948 Views 0 comment Print

CIT Vs Abad Exim (P) Ltd. (Kerala High Court) The question remaining is with respect to the deduction, insofar as the contribution made to the Fishermen’s Welfare Fund. The Fund itself was declared unconstitutional by a decision of the Honourable Supreme Court  in AIR 2002 SC 973 [Koluthara Exports Ltd. v. State of Kerala and Others. […]

Sec. 68 addition cannot be made merely for exorbitant premium

August 7, 2018 2508 Views 0 comment Print

Addition under section 68 on account of bogus share capital and exorbitant premium was not justified as where the funds had been received through banking channel  and there was no dispute about the identity, creditworthiness and genuineness of the investors.

Use of words Choice / Value / Superior on packing amounts to branding: AAAR

August 7, 2018 1839 Views 0 comment Print

In the appeal of M/s. Aditya Birla Retail Ltd. (GST AAAR Maharashtra), the appellate authority clarifies the interpretation of ‘brand name’ regarding packaging and GST exemptions. Also, read about the GST AAR ruling on Aditya Birla’s cereal packs.

18% GST on Polished limestone slabs classifiable as other calcareous stone

August 7, 2018 8946 Views 0 comment Print

In re Maheshwari Stone Supplying Co. (GST AAAR Telangana) Issue- Polished / Processed limestone slabs are correctly classifiable under heading 6802 of the GST Tariff? appellant has not made out a case against the decision in impugned Advance Ruling in so far as it has been ruled that ‘Polished / Processed Limestone slabs are. correctly […]

Order passed after due examination of issue cannot be called erroneous & prejudice to interest of Revenue

August 6, 2018 1212 Views 0 comment Print

When all requisite details were already on record with supporting evidences and same were duly examined by AO, the order of AO was not erroneous and prejudice to interest of Revenue.

HC explains the Principle for reliability of computer printouts as admissible evidence

August 6, 2018 5919 Views 0 comment Print

Shri A K Prasad Vs Shri S. K. Bansal (CESTAT Delhi) The Evidence Act does not contemplate or permit the proof of an electronic record by oral evidence if requirements under Section 65B of the Evidence Act are not complied with, as the law now stands in India. Thus, it has been clearly laid down […]

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