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Judiciary

AMRCL is a Government Authority; AAR on functions of Municipality

July 2, 2018 2025 Views 0 comment Print

In re Amaravathi Metro Rail Corporation Limited (GST AAR Andhra Pradesh) 1. Whether M/s. Amaravathi Metro Rail Corporation Limited (AMRCL) is a Government authority as per the Notification No. 12/2017 of Central Tax ( Rate), dated 28th June 2017, read with Notification No. 32/2017 of Central Tax (Rate), dated 13th October 2017. The applicant / […]

Advance ruling cannot be given on matter pending before GST council

July 2, 2018 2055 Views 0 comment Print

The advance ruling sought in the application has been examined in detail and found that the issue of Taxation of Rectified Spirit/ Extra Neutral Alcohol (ENA) under GST is one of the agenda points placed before GST council for deliberation in the 20th meeting of the GST council held on 05.08.2017.

18% GST applicable on Lyophilizers falling under tariff heading 8419

July 2, 2018 3261 Views 0 comment Print

The process of Lyophilization, is defined as a freeze-drying process that removes water from a product after it is frozen and placed under a vacuum. It is a low temperature dehydration process which involves freezing the product, lowering pressure, then removing the ice by sublimation.

Conversion of Coal supplied in Electricity is Manufacture not Job work: AAAR Maharashtra

July 2, 2018 3762 Views 0 comment Print

Understand the implications of the GST AAAR Maharashtra ruling on M/s JSW Energy Limited regarding coal processing into electricity. Learn about GST applicability and manufacturing considerations.

Identity of Company can’t be suspected merely because Director was not traceable

July 2, 2018 1596 Views 0 comment Print

M/s. Prayag Polytech Pvt. Ltd Vs ACIT (ITAT Delhi) We find that evidences which have been furnished by the assessee have not been discussed; and if the Director has not been found then it cannot be said that identity of the company is not established especially in wake of income tax records and share allotment […]

Without any basis AO cannot shift profit from trading to manufacturing activity to disallow deduction u/s 80IE

July 2, 2018 1191 Views 0 comment Print

Aristo Industries Vs ITO (ITAT Kolkata) It is not in dispute that the assessee had maintained separate books of accounts for trading activity and manufacturing activity. We find that the assessee had claimed deduction u/s 80IE of the Act only in respect of profits derived from manufacturing activity only. It is not in dispute that […]

Addition for share application money cannot be made for mere non-service of summon to directors of investment company

July 2, 2018 3552 Views 0 comment Print

Addition under section 68 of share application money received by assessee on the reason that summons issued under section 131 to the directors of the investment company for verification returned unserved was unjustified as assessee had substantiated share capital received by it by furnishing relevant details and no onus was cast on the assessee during relevant assessment year  to produce the persons or the books from investment companies.

No Penalty for non compliance of section 148 notice

July 2, 2018 26637 Views 2 comments Print

The appellant contented that penalty under section 271(1)(b) can be imposed by the AO if he is satisfied that any person failed to comply with the notice under section 142(1) or under section 143(2) or directions issued under section 142(2A) of the Act. Therefore, no penalty can be levied under section 271(1)(b) for non compliance of notice issued under section 148.

Deduction U/s. 10AA cannot be denied in in 3rd year by examining factors which were required to be seen in first year

July 1, 2018 2070 Views 0 comment Print

Macquarie Global Services Vs DCIT (ITAT Delhi) Once the claim of deduction u/s 10AA has been accepted in the first year of the operations and also in the second year, then in the third year same cannot be withdrawn by examining the factors which were required to be seen in the first year of the […]

Deduction U/s. 54F cannot be disallowed for mere non-depositing of amount in capital gains tax account scheme

July 1, 2018 4290 Views 0 comment Print

This is an appeal filed by the assessee against the order of Commissioner (Appeals)- 46, Mumbai dated 20-1-2017 for assessment year 2011-12 in the matter of order passed under section 143(3) of the Income Tax Act wherein following grounds have been taken by the assessee

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