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Judiciary

Interest U/s. 244 allowed on Refund of excess interest charged U/s. 234B

June 1, 2018 3942 Views 0 comment Print

ACIT Vs Development Board (ITAT Ahmedabad) The central question involved in the present appeal is whether the expression ‘in any other case’ occurring in section 244A(1)(b) of the Act would include interest on an amount of refund resulted from reversal of excess interest charged under s.234B of the Act. As per Income Tax computation form […]

Interest on enhanced compensation for compulsory acquisition of agricultural land eligible for exemption U/s. 10(37)

June 1, 2018 24783 Views 1 comment Print

ITO Vs Shri Basavaraj M Kudarikannur (ITAT Bangalore) We have considered the submissions of the ld. DR. It is not disputed by the AO that the land acquired was agricultural land and the conditions laid down u/s. 10(37)(i) to (iv) are applicable to the land which is in question which was compulsorily acquired. It is […]

No Penalty for cash above Rs. 20000 from relatives due to Business Exigencies

June 1, 2018 3891 Views 0 comment Print

The ld. counsel vehemently stated that the legislative intent in prohibiting the acceptance and repayment of money in cash over and above Rs. 20,000/- is to check the unaccounted money and not to hit the genuine business need.

Composite supply of exam support services attracts 18% GST: AAR

June 1, 2018 5031 Views 0 comment Print

1. Whether all the activities involved in the exam support service constitute a mixed supply or a composite supply? 2. What will be the rate of GST applicable on the exam support service?

GST on Meat of Sheep or goat, frozen & packed in LDPE/HDPE bags

June 1, 2018 4062 Views 0 comment Print

Meat of Sheep or goat, frozen and packed in LDPE/HDPE bags having varied weight and quantity printed/labelled on such pickings, whether could be held to be packed in unit containers ?

Cenvat Credit Rules can’t curtail Assessee’s entitlement to avail credit of inputs lying in stock as on the date of crossing the exemption limit

June 1, 2018 1146 Views 0 comment Print

In such a scenario, by adopting the principles of harmonious construction and interpretation of rule, I hold that the appellant right to avail the credit at the time of coming out of the exemption scheme cannot be curtailed down by adopting Rule 4(1) of the Cenvat Credit Rules.

Penalty paid to Stock Exchange allowable as regular business expenditure

May 31, 2018 8256 Views 0 comment Print

Assessee made no offence prohibited by law which can be contemplated to be covered under Explanation to section 37 of the Act and, therefore, the payment of penalty made by the assessee to the Stock Exchange is a regular business expenditure and the impugned disallowance has rightly been deleted by the learned Commissioner of Income Tax (Appeals).

Renting of Truck not amounts to Supply of Tangible Goods Service

May 31, 2018 12879 Views 0 comment Print

Revenue has demanded the Service Tax on the renting of trucks under the head of Supply of Tangible Goods Service. As per the facts of the case which is not in dispute, we note that the appellant have given the trucks to the lessees on monthly rental charges. The appellant did not provide any facility such as driver, repair and maintenance, fuel etc. Once the truck is rented out the entire possession and control is of the lessees and during the renting period there is no interference of the appellant.

Non-Application of Mind in reassessment- Reasons for reopening Mentioned it as a case of 143(3), whereas return processed U/s. 143(1)

May 31, 2018 2328 Views 0 comment Print

Yum! Restaurants Asia Pte. Ltd. Vs. Dy. DIT (Delhi High Court)  In the present case, having started off on a wrong note that the original assessment was scrutinized and an order was passed under section 143(3) of the Act, the assessing officer proceeded to put up the note to the DIT as is evident from […]

TDS deductible on Rent-Free Accommodation provided to Employees of Society

May 31, 2018 3606 Views 0 comment Print

This is an appeal filed by the assessee directed against the order of the learned Commissioner of Income-tax (Appeals)-13, Bengaluru [CIT(A)] dated 21/06/2017 for the assessment years 2011-12 to 2013-14.

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