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Judiciary

Custom Broker Licence cannot be refused merely for penalization U/s. 114 of Customs Act, 1962

May 15, 2018 1476 Views 0 comment Print

The appellant has a Custom Broker Licence. The Commissioner of Customs, Jodhpur by issue of the impugned order, rejected the application dated 26.02.2015 filed for renewal of their Customs Broker Licence.

TDS u/s 194C applicable in case contract requires semi-skilled staff

May 15, 2018 13095 Views 1 comment Print

ITAT Mumbai in case of ACIT v/s M/s WTI Advanced technology held that tax is to deducted u/s 194C for outsourcing of any service which do not require skilled staff.

GST: Good detained cannot be released unless security equal to Tax amount demanded is furnished

May 15, 2018 1062 Views 0 comment Print

Division Bench of this Court has already found that the goods detained under a detention notice issued in terms of the CGST/SGST Act cannot be released unless a security equal to the amount demanded is insisted from the assessee

Technical provided by Machines would not fall U/s. 194J for TDS

May 15, 2018 4782 Views 0 comment Print

The Mumbai bench of Income Tax Appellate Tribunal (ITAT) recently ruled that technical services would not include services provided by the machines for the purpose of Tax Deducted at Source ( TDS ).

Expenses on investigations pursuant to certain SEBI directions are allowable

May 15, 2018 876 Views 0 comment Print

Upon conjoint reading of Trust Deed and SEBI directions as above, we conclude that the said expenditure was incurred by the assessee to safeguard / protect its business interest and therefore, allowable to the assessee in terms of Section 37.

No disallowance for cash payments if transaction is genuine & identity of payee is known

May 15, 2018 6753 Views 0 comment Print

In the facts and circumstances of the case and in law, the ld. CIT(A) has grossly erred in confirming the action of ld. AO in disallowing the claim o f expenditure of Rs. 1,71,67,000/- by applying section 40A(3) of Income Tax Act, 1961. The action of the ld. CIT(A) is illegal, unjustified, arbitrary and against the facts of the case. Relief may please may be granted by deleting the entire addition Rs. 1,71,67,000/- imposed under section 40A(3)

Section 14A Dis allowance cannot exceed exempt income

May 15, 2018 12591 Views 0 comment Print

Future Corporate Resources Ltd. Vs. Dy. CIT (ITAT Mumbai) The assessee argued that it had earned meager dividend income of Rs. 24,138 as against which, the assessing officer disallowed a sum of Rs. 3,36,28,000 which is more than the exempt income. The assessee further argued that dis-allowance under section 14A cannot exceed amount of exempt […]

Capital contribution by partner in cash- No violation of section 269SS

May 15, 2018 28023 Views 0 comment Print

Where assessee received capital from the partner in cash, it did not tentamount to loan or deposit and therefore, penalty under section 271D was not to be levied for violation of section 269SS.

Purchase not bogus for mere non-service of notices U/s. 133(6) at the given addresses

May 15, 2018 5352 Views 0 comment Print

Non service of noticed is not a ground to raise the addition of bogus purchase to the income of the assessee in view of the law settled in CIT Vs. M/s. Nikunj Eximp Enterprises P. Ltd. 2016 taxman.com 171 (Bombay High Court).

Goods detained under GST cannot be released on simple bond: HC

May 15, 2018 1350 Views 0 comment Print

The learned Single Judge ordered release of the vehicle and goods by executing a simple bond. The State challenges the order, since it is passed overlooking Rule 140 of the SGST Rules.

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