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Judiciary

Deemed dividend U/s. 2(22)(e): Advance in normal course of business

May 30, 2018 2973 Views 0 comment Print

 Since trade advances obtained by assessee from its sister concern were in the nature of commercial transactions, would not fall within the ambit of the word ‘advance’ in section 2(22)(e).

Section 54F exemption cannot be denied for mere non claim in Return

May 30, 2018 3159 Views 0 comment Print

When assessee utilised sale consideration of property in construction of another residential property within prescribed time period, then, merely on account of the fact that the assessee had neither declared the transaction of sale of property nor made any claim of deduction under section 54F in the return of income, deduction under section 54F could not be denied.

CIT cannot reject a claim merely because same was not verified by AO

May 30, 2018 1494 Views 0 comment Print

This group of writ petitions arise in similar background. We may record facts from Special Civil Application No. 12765 of 2017 and 12764 of 2017. Petitioner of Special Civil Application No. 12765 of 2017 is a partner of one M/s. Hitech Analytical Services and she would hereafter to be referred to as ‘a partner of the said firm.

MAT Provisions U/s. Section 115JB not applicable to sick company

May 30, 2018 5742 Views 0 comment Print

The facts in brief qua the issue raised in the grounds are that assessee filed its return of income electronically for the AY. 2009-10 on 23-09-2009, declaring NIL income. This return was processed u/s. 143(1) of the Act and the total income was determined at Rs. 69,19,580/- u/s.

Exemption u/s. 54 cannot be denied Merely for Housing Loan availment by Assessee

May 30, 2018 16851 Views 0 comment Print

Explore Amit Parekh’s appeal against the denial of Section 54 exemption by ITAT Kolkata. Key details of the case and legal insights revealed.

HC issues guideline Revenue must follow in the matters of reopening of assessments

May 30, 2018 4596 Views 0 comment Print

The Petitioner seeks the quashing of a notice dated 20-3-2015 issued under section 148 of the Income Tax Act (‘Act’) by the Assistant Commissioner (hereinafter assessing officer AO) and the order dated 1-2-2016 passed by the assessing officer disposing of the objections filed by the Petitioner to the said notice.

Gain from Transfer of Agricultural Land cannot be taxed despite absence of agricultural operations on such land

May 30, 2018 4185 Views 0 comment Print

Where the land is shown in revenue record as agricultural land and no permission was taken for conversion of land, it is immaterial whether any agricultural income is shown in the return or not, the gains from sale are exempt from taxation.

12% GST Payable on printing of photographs from media: AAR

May 30, 2018 9501 Views 0 comment Print

The activity carried out by the Applicant printing of photographs from media is classifiable under SAC 9989. The activity carried on by the Applicant, thus is taxable at 12% under Serial No. 27 (i) of Notification No. 11/2017 – Central Tax (Rate) dated 28/06/2017 (1135 – FT dated 26/06/2017 of the State Tax), as stood amended vide Notification No. 31/2017 – Central Tax (Rate) dated 13/10/2017 (1795 – FT dated 13/10/2017 of the State Tax).

Printed advertisement materials classifiable as ‘supply of goods’ & Taxable @12% GST

May 30, 2018 6855 Views 0 comment Print

In re  M/s. Macro Media Digital Imaging Private Limited (AAR Telangana) (i) The printed advertisement materials manufactured and supplied by the applicant are classifiable as ‘supply of goods’. (ii) The printed advertisement material are classifiable under chapter heading 4911 of the GST Tariff and the rate of tax applicable is 6% CGST + 6% SGST as given […]

18% GST Payable on Agricultural Soil testing Minilab and its Reagent Refills

May 30, 2018 10611 Views 0 comment Print

Agricultural Soil testing Minilab and its Reagent Refills are classifiable under Tariff heading 9027 of the GST Tariff and tax rate applicable is 9% CGST +9% SGST.

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