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Judiciary

CIT(A) has no power to travel beyond subject-matter of assessment

May 25, 2018 5526 Views 0 comment Print

Jagdish Narayan Sharma Vs. ITO (ITAT Jaipur) A perusal of sections 246 to 251 of the Act makes it clear that any questions arising out of the assessment orders in an appeal by the assessee can be possible and wide powers are given to the appellate authority, but these powers are circumscribed by the assessment […]

Addition deleted as money deposited in the bank account was received from son

May 25, 2018 2337 Views 0 comment Print

It was explained by the appellant that the money deposited in the bank account represented cash received from elder son, who was tax payer and the withdrawals in the bank account had a a chronologically progressive linkage of events.

AAR rejects application as applicant was already provisionally assessed on similar issue

May 25, 2018 1041 Views 0 comment Print

The present application has been filed under section 97 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as the CGST Act and MGST Act] by MOSAIC INDIA PRIVATE LIMITED, the applicant, seeking an advance ruling in respect of the following questions connected to the issues mentioned in para 02 below:

No wealth tax on land used for business purpose by construction / set up of office and service centre

May 25, 2018 2721 Views 0 comment Print

Dongfang Electric (India) P Ltd Vs DCWT (ITAT Kolkata) Assets deployed for service activities are treated as productive assets and accordingly the construction / set up of office and service centre by the assessee and used as such for its business purposes would be outside the ambit of wealth tax in the same manner in […]

ITC of GST on Mahua/Rice Bran Oil cake used in manufacture of solvent extracted oil partially allowable

May 25, 2018 1902 Views 0 comment Print

In Re Khanelwal Extractions Ltd (GST AAR Uttar Pradesh) a) Whether Mahua De-oiled cake/ De-oiled Rice Bran being used as an ingredient of Cattle Feed, Poultry Feed and other animal feeds and is ‘Waste generated’ during the Solvent Extraction process? Ans. – Mahua De-oiled cake/ De-oiled Rice Bran is a by-product occurred during the Solvent […]

ITC of GST on purchase of Mahua/Rice Bran Oil cake used in manufacture of solvent extracted oil

May 25, 2018 2592 Views 0 comment Print

In re Indo Prosoya Foods Pvt. Ltd. (GST AAR Uttar Pradesh) a) Whether Mahua De-oiled cake/ De-oiled Rice Bran being used as an ingredient of Cattle Feed, Poultry Feed and other animal feeds and is ‘Waste generated’ during the Solvent Extraction process? Ans. – Mahua De-oiled cake/ De-oiled Rice Bran is a by-product occurred during […]

Mere allegation by investigation dept not sufficient to prove Bogus Capital gains from penny stocks

May 25, 2018 12918 Views 0 comment Print

Meenu Goel Vs ITO (ITAT Delhi) The assessee has submitted various documentary evidences to prove the genuineness of the transaction of sale and purchase of shares which includes a copy of purchase bill dated 22.02.2010; a copy of share transfer form in the favour of the assessee; Copy of bank statement highlighting the payment made […]

AO cannot reopen the case without bringing something new on record

May 25, 2018 7149 Views 0 comment Print

Challenging the order dated 28/01/2016 of CIT(A)-8,Mumbai,the Assessing Officer (AO) has filed the present appeal. The assessee has raised a Cross Objection for the same.Assessee – company engaged in providing cellular mobile services and trades in accessories filed its return of income at Rs.Nil after set off of brought forward business loss.

Excess Stock & Cash related to business taxable as business income

May 25, 2018 11376 Views 0 comment Print

Excess stock found during the course of survey and surrender made thereof was found to be taxable under the head |Income from business or profession|. Similarly, in respect of excess cash found out of sale of goods in which assessee was dealing was also found to be taxable as business income thus, there was no justification for taxing such income under section 115BBE.

Addition to income on account of reversal of provision for royalty deleted in Skoda Auto case

May 25, 2018 1782 Views 0 comment Print

Advocate Akhilesh Kumar Sah DCIT Vs. M/s. Skoda Auto A.S. (ITAT Pune) In this case, one of the ground raised by Revenue was whether in the facts and circumstances of the case, the Dispute Resolution Panel was right in directing AO to delete proposed addition on account of reversal of provision for Royalty of Rs.1,39,18,474/-, […]

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