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Judiciary

GST on facilitating process for sale of CRS Software of foreign parent company

July 26, 2018 2469 Views 0 comment Print

The marketing, promotion and distribution services provided by the applicant to Sabre APAC would be subject to tax under the provisions of the GST Act.

Block joining mortar is classifiable under heading 3824 of CTA, 1975: AAAR

July 26, 2018 7035 Views 0 comment Print

`SIKA Block Joining Mortar’ is non-refractory and that it is not used for preparation of surfaces. Considering the nature, use and commercial identity of the item in question and, notwithstanding the Appellant’s earlier voluntary declaration about the classification of the item, we are not inclined to accept its classification under Tariff Item 3214. Instead, it is to be classified under Tariff Item 3824.

Davis Cup Matches: Tax on Incidental & Commercial Activity Income

July 26, 2018 969 Views 0 comment Print

Income of the assessee from the incidental and commercial activity i.e. income from organizing of Davis Cup up to the limit prescribed as per the second proviso to section 2(15) of the Act, which for the assessment year under consideration is Rs. 25 lacs, will be treated as income from ‘charitable purposes’

Allow ITR filing without Aadhaar linkage atleast till 31.03.2019: Delhi HC

July 26, 2018 15426 Views 0 comment Print

Delhi HC held that that at least for the period till 31.03.2019, the CBDT shall issue an appropriate direction, and also create a platform by amending the digital form of substituting them properly to enable opt out from the mandatory requirement of having to furnish Aadhar Registration or Aadhar linkage, for the duration, the exemption subsists i.e. till 31.03.2019.

Deduction u/s 80IA cannot be allowed in case of belated return

July 25, 2018 6111 Views 0 comment Print

Where assessee had not filed return within the time prescribed U/s 139(1), deduction u/s 80IA was not allowable to assessee as there was clear violation of section 80AC which clearly provided that deduction would not be allowed unless return was furnished on or before due date specified under section 139(1).

Interest on income tax refund not eligible for deduction U/s. 80IE

July 25, 2018 1557 Views 0 comment Print

M/s. OMIL JSC (JV) Kameng Kota. Vs Dy. CIT (ITAT Jaipur) The limited issue under consideration relates to whether interest on income tax refund is eligible for deduction under section 80IE of the Act. The contention of the assessee is that it has only one business undertaking and the only business of the undertaking is […]

Adopting cost inflation index of Income Tax for Excise valuation not valid

July 25, 2018 729 Views 0 comment Print

Shri Krsna Urja Project Pvt Ltd. Vs CCE (CESTAT Delhi) CESTAT Delhi held that there was no legal basis for adopting cost inflation index of Income Tax dept for determination of assessable value under Section 4 of CE Act read with the CE Valuation Rules, 2000, for valuation of captively consumed goods. The Tribunal also […]

GST payable on transportation charges Levied by Emco on Powergrid

July 25, 2018 1662 Views 1 comment Print

In re Emco Limited (GST AAR Maharashtra) Question: -1. The question/ issue is whether GST is leviable on the transportation charges Levied by the Applicant on Power Grid Corporation of India Limited (PGCIL)? Answer: – Answered is in the affirmative. Question: -2. In case the GST is payable, what would be the rate of GST […]

Service Tax on long term lease of 99 years of Commercial Properties

July 25, 2018 9699 Views 0 comment Print

Other plea of the appellant that the allotment of land by the appellant to various persons is on long term lease basis – the leases of 90 years, which amount to transfer of ownership and such leases are outside the purview of Section 65(105)(zzzz)

Service Tax payable on Supply of Furniture for ‘Pandal or Shamiana’

July 25, 2018 3726 Views 0 comment Print

Shree Balaji Tent House Vs  C.C.E. & S.T. (CESTAT Delhi) In view of Section 65 (77a), ‘Pandal’ or ‘Shamiana’ is defined to mean a place specifically prepared or arranged for organizing an official, social or business functions; and under Section 65(77b) ‘Pandal or Shamiana Contractor’ means a person engaged in providing any service, either directly or […]

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