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Judiciary

No GST on Goods sold on high seas sale basis : AAR

May 21, 2018 12219 Views 0 comment Print

In Re. M/s. BASF India Ltd. (GST AAR Maharashtra) Q1. Applicant will be purchasing the goods from its overseas related party situated abroad based on purchase order received from its customers. While the goods are in transit, the goods will be sold by the Applicant to its customers before the goods are entered for customs […]

Income from bare letting of tenement is taxable as Income from house property

May 21, 2018 1623 Views 0 comment Print

These are eleven appeals by the Commissioner of Wealth Tax (hereafter ‘Revenue’) under section 27A of the Wealth Tax Act, 1957 (WTA), against the orders of the Income Tax Appellate Tribunal (ITAT) for assessment years (‘AYs’) 1984-85 to 1992-93 and assessment years 1997-98 to 1998-99.

Incentive Bonus to workers as reward of good attendance & efficiency allowable

May 21, 2018 1755 Views 0 comment Print

Heard Sri Gaurav Mahajan learned counsel for the department and Sri Arnab Banerji learned counsel for the assessee. This is an appeal under section 260A of the Income Tax Act, 1961 filed by the department against the order dated 6.1.2006 passed by the tribunal in I.T.A. no.614/Del/2002 for the assessment year 1997-98.

Addition cannot be made for mere non-production of Directors and non-furnishing of their residential address

May 20, 2018 1275 Views 0 comment Print

This appeal is filed by assessee against the Order dated 04.5.2016 passed by the Ld. CIT(A)-12, New Delhi relating to Assessment Year 2004-05 on the following grounds:-

Reopening proceedings without communicating reasons for reopening to assessee not valid

May 20, 2018 2244 Views 1 comment Print

Initiation of reopening proceedings without communicating the reasons for reopening to the assessee was not justified.

Depreciation on brand value allowed taking it as an intangible asset

May 20, 2018 5721 Views 0 comment Print

In DCIT, Ghaziabad vs. Kuantum Papers Ltd. (ITAT Delhi) decided on 1.09.2017, Revenue contended that CIT(A) has erred in law and on facts in allowing the depreciation on paper brands, which is a non-depreciable asset because its life is not limited.

Delhi HC sets out Principles for launching prosecution U/s. 279 for late deposit of TDS

May 20, 2018 4278 Views 0 comment Print

Indo Arya Central Transport Limited Vs. CIT (Delhi High Court) M/s Indo Arya Central Transport Limited have filed the present writ petition praying for the following reliefs:- “(a) Issue a writ of certiorari setting aside/quashing the impugned order dated 14.03.2017 passed by the Respondent No. 1; (b) Restrain the Respondent No. 1 and the officers […]

S. 148 Notice issued in the name of Company due to clerical mistake which already gets converted into LLP is valid

May 20, 2018 5574 Views 0 comment Print

Sky Light Hospitality LLP, a limited liability partnership, who had on 13.05.2016 taken over and acquired rights and liabilities of M/s Sky Light Hospitality Private Limited upon conversion under the Limited Liability Partnership Act, 2008, has filed the present writ petition impugning notice dated 30.03.2017 for the assessment year 2010-11 under Section 147/148 of the Income Tax Act, 1961 („Act‟ for short).

Penalty leviable if Assessee not Discloses source of Income despite voluntary disclosure

May 20, 2018 2304 Views 0 comment Print

Principal CIT Vs. Smt. Ritu Singal (Delhi High Court) In construing Section 271AAA one must not lose sight of its essential purpose which resulted in its enactment. There is a penalty at the rate of 10% of the undisclosed amount declared, if the conditions in Section 271AAA (2) are not met with. This is quite […]

Assessee entitled to interest on refund arising on excess payment of self-assessment tax U/s. 244A

May 20, 2018 1794 Views 0 comment Print

CIT Vs. P.N. Writer (Bombay High Court) Assessee was entitled to the interest on refund arising on excess payment of self-assessment tax under section 244A, despite the revenue’s contention that assessee had failed to produce any material which would demonstrate how this tax was worked out, and particularly during the course of self-assessment, since the […]

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