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Judiciary

GST Leviable on Rakhi and cannot be classified as handicraft item

July 5, 2018 3720 Views 0 comment Print

Rakhi is an independently identifiable product which may be made up of innumerable materials of no fixed or predetermined ratio, and yet retain its specific identity as a symbol of a bond involving the potential care of the sister by the brother, and not merely an assemblage of discrete materials. Rakhi cannot be termed as a handicraft item under GST under Notification No 32/2017-Central Tax dated 15.09.2017, (later amended as Notification No 38/2017-Central Tax dated 13.10.2017).

Addition cannot be made or mere Statement of Secretary of Assessee

July 4, 2018 960 Views 0 comment Print

We find that this addition has solely been made on the basis of a statement obtained from the secretary of the assessee. There is no corroborative material whatsoever. A mere statement by the secretary cannot be said to be a conclusive proof of undisclosed income earned.

Unregistered MSME will also be treated as ‘supplier’ u/s 2(n) of MSMED Act

July 4, 2018 21261 Views 0 comment Print

Hon’ble HC held that an entity which falls within the definition of the micro/small enterprise will be treated as a ‘supplier’ under Section 2(n) of the MSMED Act even if it has not filed a Memorandum as required under Section 8(1) of the MSMED Act.

No Service Tax on Construction of Residential Complex for Employees

July 4, 2018 3618 Views 0 comment Print

Commissioner of Central Excise Vs. Principal Commissioner of Service Tax (Karnataka High Court) The ‘Residential Complex’ in question was undertaken to be constructed by the Respondent Assessee M/s. Nithesh Estates Limited for ITC Limited under the Contract dated 01/04/2006. It is equally undisputed before us that the construction activity in question was in its entirety […]

If section 147 proceedings initiated after Income deceleration by Assessee than conclusion of non- voluntary return is untenable

July 4, 2018 1047 Views 0 comment Print

Ravina & Associates Pvt. Ltd. Vs Addl. (ITAT Delhi) 1. The undisputed facts are that in the original return of income filed by the assessee for the instant years, the income representing the deposits in the bank account with Natwest Bank, London was not declared by the assessee. It is also undisputed that the said […]

CIT cannot exercise Revisionary power u/s 263 merely because he has different opinion on the matter

July 4, 2018 3813 Views 0 comment Print

The assessee has filed this appeal disputing the order of Pr. Commissioner of Income Tax-15, Kolkata passed u/s 263 of the Income Tax Act, 1961 (hereinafter referred to as the Act) dated 22.03.2017 by which the Ld. Pr. CIT set aside the assessment order dated 02.03.2015 passed u/s 143(3) of the Act for Assessment Year 2012-13 with a direction to re-do the assessment in respect of issue therein.

Exemption U/s. 11 can be denied for Advances given to unregistered trusts in violation of Section 13

July 4, 2018 4356 Views 0 comment Print

Where assessee registered under section 12AA had given advances to unregistered trusts, then it could be held guilty for violation of provisions of section 13 and consequently be denied exemption under section 11, if it was established that the president of the recipient trusts was having substantial interest in such trusts.

GST: No ITC on supply of Question Papers to Educational Institutions

July 4, 2018 1842 Views 0 comment Print

The Applicant, stated to be, inter alia, supplier of printed question papers for various examinations conducted by the Government/Government aided Educational Boards/ Councils/ Universities etc is seeking a Ruling on whether GST is to be charged on such supply and, if so, at what rate and under what HSN or SAC code is the GST to be charged?

GST registration not required for supply of exempted goods or services or both

July 4, 2018 9996 Views 0 comment Print

In re Acsen Hyveg Private Limited (GST AAR Haryana) 1. Whether registration is required in case of supply of tax free goods under GST Act? Person is engaged in supply of exempted goods or services or both, which are not liable to be taxed, shall not be liable to be registered under the CGST Act, […]

Bogus capital gains: LTCG on sale of shares via recognised stock exchange

July 4, 2018 2382 Views 0 comment Print

Rajesh Singhvi and Sons (HUF) Vs ITO (ITAT Chennai) Claim of the assessee for exemption u/s.10(38) of the Act, on alleged long term capital gains arising on sale of shares of M/s.Cresanda Commercial Solutions Ltd and M/s. Surabhi Chem & Investment Ltd were disallowed by the ld. Assessing Officer considering these to be penny stock companies […]

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