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Judiciary

Failure to upload Form GST TRAN-1 due to technical glitches- HC directs Assessee to apply to Nodal Officer

July 24, 2018 3255 Views 0 comment Print

Where assessee was unable to file Tran-1 form within due date owing to technical glitches in GST website and could not avail of Cenvat credit, the assessee was granted liberty to approach to concerned nodal officer who was directed to look into the issue and facilitate the uploading of Form TRAN-1 without reference to any time frame

Income from renting of IT park with services related to its use as technology centers constitutes Business Income

July 23, 2018 2139 Views 0 comment Print

Ambattur Infra Developers prevail in ITAT Chennai. Payments for leased space and services to be considered under ‘income from business.’

ITAT can direct AO for fresh enquiry into aspects of subject matter of appeal

July 23, 2018 6438 Views 0 comment Print

M/s. Fidelity Business Services India Pvt. Ltd. Vs ACIT (Karnataka High Court) Issue- Whether the Income Tax Appellate Tribunal has power under Section 254 of the Income Tax Act, 1961, to give directions for fresh enquiry into the aspects of the subject matter of appeal filed before it either suo motu or on any grounds […]

Service Tax on construction of women hostel for Ministry of WCD

July 23, 2018 2655 Views 0 comment Print

National Building Construction Corporation Ltd. Vs CST (CESTAT Delhi) Services of construction of women hostel for and on behalf of Ministry of Women and Child Development (WCD), Government of India and construction of Civil Services Offices Institute are not commercial in nature. In furtherance of the decision of Hon’ble Supreme Court in the case of […]

Commission of overseas agents for marketing, procurement of orders not liable to TDS u/s 195

July 23, 2018 4122 Views 0 comment Print

Payment of commission to overseas agents for marketing, procurement of orders and systematic market research was not liable to TDS as the same was not liable to tax in India as per Section 9(1)(vii).

Service Tax payable on Consideration received under Vanprastha Ashram Scheme by Patanjali Trust

July 23, 2018 1440 Views 0 comment Print

M/s. Patanjali Yogpeeth Trust Vs C.C.E. (CESTAT Delhi) Now coming to the demand qua the donations received by the appellant under one of its Scheme called Vanprastha Ashram Scheme, it is held that under this scheme the appellant was leasing the accommodation to all those who are interested to visit the appellant premises till their […]

Penalty U/s. 271AAB justified on return filed after issue of notice U/s. 142(1)

July 23, 2018 3624 Views 0 comment Print

Sonal Steels Trading Pvt. Ltd Vs ACIT (ITAT Chennai) Here admittedly, assessee was not maintaining any books. There was thus no question of recording any money, bullion, jewellery or any entry in any books. It is not disputed that assessee had not disclosed any receipts from bill trading before the date of search to the […]

Trust cannot be treated as NBFC to pay service tax on Banking & Financial Services

July 23, 2018 2772 Views 0 comment Print

M/s. Mahasemam Trust Vs Commissioner of Central Excise (CESTAT Chennai) There is no dispute, that appellants are a Registered Charitable Trust. There is also no allegation that they have been approved to function as a bank or even as a non-banking institution by the R.B.I. This being so, they cannot be termed as a “Banking […]

No charity in Mere supply of food to poor received from Govt or Intermediaries

July 23, 2018 1272 Views 0 comment Print

CIT Vs M/s. Annadan trust (Kerala High Court) The sub-contract of the assessee cannot be considered to be a charitable activity, especially since the supply of food is with the funds of the State Government, received by the assessee as contract amounts. The activity of the assessee confined to such sub-contracts cannot be deemed to be a charitable activity and […]

Taxability of rent when leasing is main object of assessee

July 23, 2018 2580 Views 0 comment Print

Main object of the assessee firm, as laid down in the partnership deed, includes leasing of industrial park hence the income of the assessee both from leasing the space as well as providing maintenance services had to be considered only under the head income from business.

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