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Judiciary

Tribunal Registrar cannot consider and decide on applications for condonation of delay

June 3, 2018 972 Views 0 comment Print

While hearing the appeal, we observed that the Registrar has heard this preliminary issue of condoning the delay and passed order on 8.3.3018 condoning the delay. The power of condoning the delay is with the Court/Tribunal under the Limitation Act as well as u/s. 253(5) r.w.s. 252(1) of the Income Tax Act.

Ground & technical handling services rendered to other airlines in India- Taxation

June 3, 2018 2154 Views 0 comment Print

DCIT Vs. M/s. KLM Royal Dutch Airlines (ITAT Delhi) The technical handling services rendered by the assessee to the other airlines in India held to be part of the business of the assessee from the operation of aircraft in international traffic. In DCIT vs. KLM Royal Dutch Airlines [ITA No: 3819 /Del/2015, (A.Y. 2009-10) & […]

Excise duty refund and interest subsidy under Industrial Policy (2002-2005) is capital receipt

June 2, 2018 1281 Views 0 comment Print

ACIT Vs M/s Agro Life Science Corporation (ITAT Kolkata) In the present case the amount of excise duty refund and interest subsidy was treated by the AO as revenue receipt subject to tax. The reason given by AO is that the impugned amount was given to assessee after the commencement of commercial Production.  However, the […]

In case of operating leases, lease rent is an allowable expenditure

June 2, 2018 6681 Views 0 comment Print

M/s. HDFC Securities Ltd. Vs DCIT (ITAT Mumbai) AO had made the disallowance as he was of the opinion that it was a prepaid expense and that it could not be claimed during the year under appeal, that the assessee had claimed the expenditure as per the provisions of AS-19, that the agreement entered into […]

Section 79 gets attracted in case of change in more than 51% of shareholding despite being the same within the group

June 2, 2018 24741 Views 0 comment Print

Perusal of share holding pattern in current year clearly indicated that more than 51% of shareholding had changed, though within the group it remained the same, provisions of section 79 were attracted in assessee’s case and AO was justified in disallowing the claim of assessee.

Service Tax not leviable on Amount reimbursed by client on Actual basis

June 2, 2018 528 Views 0 comment Print

S.K. Mohanty, Judicial Member –This appeal is directed against the impugned order dated 21/07/2011 passed by the Commissioner (Appeals), Service Tax, New Delhi

Registration U/s.12AA cannot be cancelled for mere failure to communicate amendment in trust deed

June 2, 2018 5016 Views 0 comment Print

ITAT held that If amended objects of the trusts are not non-genuine and charitable in nature, then mere failure on the part of the assessee to intimate this amended objects to the department would not goad the ld. Commissioner to cancel registration.

Approach Nodal Officers for GST related grievances: HC

June 2, 2018 3675 Views 0 comment Print

Counsel for Revenue wishes to bring on record copies of Circular No. 39/13/2018-GST dated 03.04.2018 setting up an IT Grievance Redressal Mechanism in form of a Committee.

State Govt. can prescribe documents for goods till e-way bill become applicable: HC

June 2, 2018 858 Views 0 comment Print

Heard Sri Naveen Chandra Gupta, learned counsel for the petitioner, Sri Krishna Agarwal, learned counsel appearing on behalf of respondent no.1 and Sri C.B. Tripathi, learned Special Counsel for the State of U.P.

Section 40A(3) overrides section 145(3) read with section 144

June 2, 2018 5709 Views 0 comment Print

These two appeals, filed by the assessee, being ITA No. 2135/Mum/2013 & I.T.A. No. 4896/Mum/2015 for assessment year 2009- 10 and 2008-09 respectively are directed against two separate appellate orders dated 22.01.2013 and 25-02-2015 respectively passed by learned Commissioner of Income Tax (Appeals)-33

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