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Judiciary

Mushrooms are fungus and Income from production & sale of Mushrooms is ‘agricultural income’

July 9, 2018 29391 Views 0 comment Print

DCIT  Vs. Inventaa Industries Private Limited (ITAT Hyderabad Special Bench) Mushrooms are fungus which are produced from spawn and not plants or crops and hence not agriculture. They are grown in trays of prepared soil in climate controlled rooms for commercial. We cannot restrict the word “product” to ‘plants’, ‘fruits’, ‘vegetables’ or such botanical life […]

HC grants Bail to Person accused of GST Evasion by issuing Fake Invoices

July 9, 2018 8346 Views 0 comment Print

Petitioner Shri Sanjay Kumar Bhuwalka and Neeraj Jain were arrested on 12.05.2018 due to their involvement in the business of generating and selling of fake tax invoices to various entities without supplying the underlying goods or services, thereby facilitating irregular availment and utilization of input tax credit by such entities to whom such fake invoices were issued.

Tax on Interest on enhanced compensation arising on compulsory acquisition of agricultural land

July 9, 2018 14442 Views 0 comment Print

Satbir & Ors. Vs ITO (ITAT Chandigarh) Capital gains–Interest on enhanced compensation arising on compulsory acquisition of agricultural land–Taxability Interest earned under section 28 of Land Acquisition Act, 1894, which is on enhanced compensation, is treated as an accretion to the value and therefore, is part of the enhanced compensation or consideration. Therefore, interest on […]

GST on Supply of water extracted from tube well after treatment

July 9, 2018 15972 Views 1 comment Print

In re M/s. Membrane Filters (I) Pvt. Ltd. (GST AAR Maharashtra) What is the rate & HSN code of GST is applicable (after it’s introduction from 1st July 2017) when Extracting water from tube well, passing it through treatment plant of removing unwanted contaminants like Iron from ground water and eventually lifting it to overhead […]

GST on catering services provided under B2B Model & B2C Model

July 9, 2018 17184 Views 0 comment Print

In re Ismail Ahamad Soofi (GST AAR Maharashtra) Whether the catering services provided by the Applicant under B2B Model and B2C Model are to be classified as canteen/restaurant services under Entry. No. 7(i) of the Notification No. 11/2017 dated 28th June 2017 as amended by the Notification No. 46/2017-Central Tax (Rate) dated 14th November 2017 or […]

No GST on sale of goods from outside India to a place outside India

July 9, 2018 20277 Views 0 comment Print

In re INA Bearing India Private Limited (GST AAR Maharashtra) Whether the sale of goods, which are located outside India, would be liable to tax in India under section 7(5) (a) of Integrated Goods and Services Tax Act, 2017? There is no doubt that the goods of the applicant would be imported goods if they […]

Advertisement expenditure should primarily be treated as revenue expenditure

July 9, 2018 18066 Views 0 comment Print

Where assessee did not have any exempt income during the year and investments being held by it were in the nature of Strategic Investments, no disallowance under section 14A could be made.

Assessment U/s. 153A-No incriminating material- No Addition can be made

July 9, 2018 4182 Views 0 comment Print

Completed assessments can be interfered with by AO while making assessment under section 153A only on the basis of some incriminating material found during the course of search. Since no incriminating material was unearthed during the search, no additions could have been made to the income already assessed.

S. 271(1)(c) Notice issued by AO without specifying grounds of penalty is not valid

July 9, 2018 3675 Views 0 comment Print

Where AO had issued the notice of penalty without specifying the grounds of the same, imposition of penalty was unjustified, because this being a mandatory requirement could not be construed as a mere technical error.

No Penalty for Offering income under capital gain instead of Business head under bonafide impression

July 9, 2018 1359 Views 0 comment Print

Challenging the order,dated 18/12/2015,of the CIT(A)-28 Mumbai the Assessing Officer (AO)has filed the present appeal.Assessee-firm,a builder and developer,filed its return of income on 25/09/2010,declaring total income of Rs.6.29 crores.The AO completed the assessment on 23/12/2011,determining the total income of the assessee at Rs.7.40 crores.

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