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Exemption U/s. 11 cannot be denied for Mere collection of fees for water Testing

June 28, 2018 813 Views 0 comment Print

Institute of Health Systems Vs ITO (ITAT Hyderabad) Assessee’s activity comes within the purview of exceptions provided sub-section (15) of sub-clause (i) for the reason that the activity of the assessee is testing of the water quality, which monitors quality in reservoirs and slum areas, for that, assessee has charged some fee and almost the […]

Penalty cannot be imposed on disallowance of creditors for want of address verification

June 28, 2018 6423 Views 0 comment Print

Where sundry creditors arising out of the purchases debited in the profit and loss account as revenue expenses, were added to income of assessee for want of the addresses of said creditors, that did not mean assessee had concealed the particulars of income or furnished inaccurate particulars of income, so as to impose penalty under section 271(1)(c).

Allow Form TRAN-1 upload & ITC credit available during migration: HC

June 28, 2018 3870 Views 0 comment Print

If the petitioner applies within two weeks after receiving this judgment, the Nodal Officer will consider and take steps within a week thereafter. If the uploading of FORM GST TRAN-1 is not possible for reasons not attributable to the petitioner, the authority will also enable him to take credit of the input tax available at the time of migration.

Tax Evasion Cannot Be Presumed If Goods In Transit were Not Marketable

June 28, 2018 1668 Views 0 comment Print

Dept. t explanation for cancellation of e-suvidha declaration. Appellant replied that the goods being transported were Auto three wheelers fitted with BS III Engines and because sale thereof were prohibited by the judgment of Hon’ble Supreme Court and the goods which were being transported stood reduced to scrap and were not marketable, those were to be returned to be consigner. T

Corpus specific voluntary contributions received by trust not registered U/s. 12A/12AA not taxable

June 27, 2018 47454 Views 1 comment Print

ITO (Exemptions) Vs Serum Institute of India Research Foundation (ITAT Pune) Corpus donations received by the Trusts, which is not registered u/s.12A/12AA of the Act, are not taxable as they assume the nature of ‘Capital receipt’ the moment the donations are given to the “Corpus of the Trust”. Provisions of section (24)(iia)/12(1)/11(1)(d)/35/56(2) are relevant for […]

No TDS on Export commission paid to NRI for services rendered abroad

June 27, 2018 27261 Views 0 comment Print

ACIT Vs Lux Industries Ltd. (ITAT Kolkata) Since export commission payments to non-resident agents were not taxable in India, as agents were remaining outside, services were rendered abroad and payments were also made abroad TDS under section 195 was therefore, not deductible from payment made to NRI agents. FULL TEXT OF THE ITAT JUDGMENT These […]

Hostel, mess and transport facility surplus cannot be considered as business income if these are incidental to the main object of the Society

June 27, 2018 5532 Views 0 comment Print

1. These are the appeals filed by the assessee against the order of the ld CIT(A)-IV, Kanpur dated 21.09.2017 for the Assessment Year 2008-09 to 2010-11.

Stock valuation method can be changed to compute Actual Income/loss

June 27, 2018 7176 Views 0 comment Print

United Bank of India Vs CIT (Calcutta High Court) The present accounting principle being followed by the bank is valuation of the closing stock on cost or market value whichever is lower. They want to apply this principle to the stock in trade acquired in the financial year i.e. 1984-85 prior to the assessment year […]

Amount paid for GST rate diff. after effecting supply can’t be considered as part of transaction value

June 27, 2018 29130 Views 0 comment Print

Whether the amount paid to authorized dealers towards rate difference after effecting the supply of goods by the applicant to aforesaid dealers can be considered for the purpose of arriving at the ‘transaction value’ in terms of Section 15 of the CGST Act.

Profit from share is assessable as business Income in case of short duration of holding of shares and lack of clarity in account books

June 27, 2018 1512 Views 0 comment Print

Facts of the case, in brief, are that the assessee is an individual and derives income from capital gain and other sources. She filed her return of income on 24.08.2011 declaring total income of Rs.8,60,074/-. During the course of assessment proceeding, the Assessing Officer observed that the assessee has sold share of M/s J.T.

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