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Appeal filed manually by legal heir cannot be dismissed if website does not allow online filing

May 22, 2018 10338 Views 3 comments Print

The CIT(A) is directed to first address the claim of the assessee namely that the online platform itself was not permitting the assessee to register as a legal heir in order to e-file the appeal, thus the assessee cannot be penalized for non compliances which are a result of limitations of the platform provided.

GST applicable on compensation for alternate accommodation/ damages for delayed handover

May 22, 2018 28572 Views 1 comment Print

In Re. Zaver Shankarlal Bhanushali (GST AAR Maharashtra) Q.1 Is GST applicable on the compensation for alternate accommodation to be paid to me (the tenant of the old building) by the developer/owner? A.l Answered in the affirmative. GST is applicable on the compensation for alternate accommodation received by them. Q.2 Is GST applicable on the […]

Income from letting of warehouse is business income: ITAT Mumbai

May 22, 2018 5292 Views 0 comment Print

In both the appeals, the controversy relates to the nature and treatment of amounts received by the assesses from warehousing activity. As per the assesses the receipts from the warehousing activities are liable to be treated as business income whereas as per the Assessing Officer the same are liable to be treated as income from house property.

Deduction U/s. 10AA on Interest on electricity deposit/assaying income/refining income and sale of residual dust

May 22, 2018 4392 Views 0 comment Print

Conclusion: Notional interest on delay in realization of trade debt could not be charged from AE as there was uniformity in the act of the assessee in not charging interest from both AE and Non-AE debtors for delayed realization of export proceeds.

Exemption U/s. 11 cannot be denied merely because func­tion hall was let out on rent for various activities

May 21, 2018 2991 Views 0 comment Print

Where an institution is not driven primarily by a desire or motive to earn profits but to do charity through the advancement of an object of general public utility, it cannot but be regarded as an institution established for charitable purposes and proviso to section 2(15) could not be applied so as to deny exemption under section 11.

If AO was satisfied as to assessee’s computation of disallowance U/s. 14A, invocation of rule 8D could not be allowed

May 21, 2018 1779 Views 0 comment Print

Samvardhana Motherson International Ltd. Vs ACIT (Delhi High Court) The chronology of events leading up to the passing of the orders under section 143(3) of the Act, clearly shows that the assessing officer was ‘satisfied with the claim of the assessee’ while passing the original orders. Rule 8D is triggered only in a case where […]

No tax leviable on Gifts/Prizes/Awards/Rewards received by sportsman Abhinav Bindra

May 21, 2018 16092 Views 0 comment Print

G.D. Agrawal, Vice-President – This appeal by the assessee is directed against the order of learned CIT(A)-I, Dehradun dated 21st February, 2013 for the Assessment Year 2009-10.

Delhi HC Judgment on adjustment of Advance Tax under PMGK Scheme, 2016 and other issues

May 21, 2018 2268 Views 0 comment Print

Virag Tiwari Vs. Principal CIT & Others (Delhi High Court) In the present case we perceive that an equitable resolution is possible on interpretation of the provisions without undermining the object and purpose behind the Amendment Act. Thus while we have rejected the argument that advance tax of Rs. 85,50,000/- can treated as payment of […]

No Penalty can be levied for delayed filing of E-Returns If Manual Returns filed within Time

May 21, 2018 4836 Views 0 comment Print

It is the case of the appellant that it did file its monthly ER-1 returns manually, without any delay but the respondent without verifying the same has imposed the penalty only on the ground that the ER-1 return was filed electronically beyond the prescribed time limit.

Reopening of assessment not invalid for filing of return with wrong jurisdiction

May 21, 2018 2127 Views 0 comment Print

Smt. Vidhya Poonia Vs ITO (ITAT Jaipur) AO at the time of initiation of proceedings under section 148 has to form the belief on the basis of the material available which is sufficient for coming to the conclusion that prima facie income assessable to tax has escaped assessment, therefore, filing of return with wrong jurisdiction could […]

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