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GST Council not recommended levy of GST on high speed diesel: HC

May 26, 2018 6537 Views 0 comment Print

GST Council has not recommended levy of GST on high speed diesel and same is not notified by the Central Government under Section 9(2) of the Central Goods and Services Tax Act, 2017.

18% GST payable on Canteen services by outside vendors in offices & factories: AAR

May 26, 2018 5700 Views 0 comment Print

Gujarat Bench of AAR passed its order in an application filed by Rashmi Hospitality Services and and ruled that Canteen services provided by outside vendors in offices and factories will attract 18 per cent GST.

Search & Seizure: No Incriminating Evidence Found, No Addition Can Be Made

May 26, 2018 1842 Views 0 comment Print

Main arguments of the assessee that the addition and adjustment made to the total income are to be based only on incriminating material found during the course of search fails, then only the other issues in the appeal of the revenue as well as of the assessee will survive.

RTI Information seeker cannot resort to penalty proceeding U/s. 20 RTI Act, 2005

May 25, 2018 6156 Views 0 comment Print

It is held that The information seeker is only entitled for damages and cost, if any, as there is no provision in the Act of 2005 for payment of penalty or part thereof recovered from Erring Information Officer to the information seeker and therefore information seeker cannot as a matter of right claim audience in the penalty proceedings which are between the Commission and Erring Information Officer

Interest on housing loan used for advancing loans can be claimed against Interest Income

May 25, 2018 1836 Views 0 comment Print

These are the appeals filed by the different assessees against the separate orders of the ld. CIT(A) Ajmer dated 05/10/2017 for the A.Y. 2013-14 in the matter of order u/s 143(3) of the Income-tax Act, 1961 [hereinafter referred to as ‘the Act’, for short

45% profit from educational activities establishes profit motive of trust and exemption U/s. 11 cannot be allowed

May 25, 2018 4839 Views 0 comment Print

Where assessee- trust was earning profit up to 45% from its educational activities, it was clearly proved that it was existed for profit because profit up to 15% could be said reasonable and legitimate, hence, addition was rightly made.

TDS U/s. 195 not deductible if Commission Income of Foreign Agent not Taxable in India

May 25, 2018 27681 Views 0 comment Print

DCIT Vs M/s. Gujarat Microwax Pvt. Ltd. (ITAT Ahmedabad) ITAT held that the Commission income in the hands of foreign agent is not chargeable to tax in India in the given facts & circumstances and Once an income is not chargeable to tax in India then the question of deducting TDS under the provision of […]

AO cannot pass assessment order U/s. 143(3) against dissolved Company

May 25, 2018 10707 Views 0 comment Print

This appeal by assessee has been directed against the order of the Ld. CIT(A)-22, New Delhi, dated 17th April, 2017, for the A.Y. 2009-2010.

Provision of Section 2(22)(e) cannot be attracted to current account transactions

May 25, 2018 3315 Views 0 comment Print

M/s Mirik Commercial Pvt. Ltd. Vs Pr. CIT (ITAT Kolkata) The purpose of Section 2(22)(e) of the Act is to tax the benefit extended by private limited company to its shareholders holding shares not less than 10% as beneficial owner of shares (not being shares entitled to a fixed rate of dividend income). There is […]

No exemption for one SOP U/s. 23(2)(a) if property was not occupied by the owner

May 25, 2018 11700 Views 0 comment Print

This appeal by the assessee is directed against order dated 15/06/2012 of learned Commissioner of Income-tax (Appeals)-XXXI, New Delhi [in short ‘the CIT-(A)’] for assessment year 2007-08 raising following grounds

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