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Judiciary

Amendment to s. 40(a)(ia) by Finance Act, 2010 are retrospective and curative in nature

May 6, 2018 4617 Views 0 comment Print

CIT Vs M/s Calcutta Export Company (Supreme Court of India) The purpose of the amendment made by the Finance Act, 2010 is to solve the anomalies that the insertion of section 40(a)(ia) was causing to the bona fide tax payer. The amendment, even if not given operation retrospectively, may not materially be of consequence to […]

Adverse material collected or found during survey can be utilised in Block Assessment

May 6, 2018 2766 Views 0 comment Print

CIT Vs S. Ajit Kumar (Supreme Court of India) The power of survey has been provided under Section 133A of the IT Act. Therefore, any material or evidence found/collected in a Survey which has been simultaneously made at the premises of a connected person can be utilized while making the Block Assessment in respect of […]

Expenses / Discount on ESOP exercised by the employees are allowable

May 6, 2018 5817 Views 0 comment Print

Pr. CIT Vs New Delhi Television Ltd. (Delhi High Court) Legislature itself contemplates the discount on premium under ESOP as a benefit provided by the employer to its employees during the course of sendee. If the Legis­lature considers such discounted premium to the employees as a fringe benefit or ‘any consideration for employment’, it is […]

If assessee exercises safe harbour option and AO do not pass order declaring it invalid than option will be deemed as valid

May 6, 2018 2538 Views 0 comment Print

Mehsana District Co-operative Vs. DCIT (Gujarat High Court) Sub­rule (7) of rule 10THD thus lays down the time limit for the Assessing Officer to pass an order under sub­rule(4) and for the concerned competent authority to pass an appropriate order under sub­rule(6). We may recall under sub­rule(4), the Assessing Officer may declare that the option […]

Mere supply of food to employees of Company cannot be called as canteen activity

May 5, 2018 6420 Views 0 comment Print

The company is registered as Outdoor Caterers under the GST Act. It was also registered in the same category under service tax regime The company is engaged in the business of supply, by way of and as a part of and in any other manner whatsoever of goods, being food and any other article for human consumption or drink.

GST & ITC on operation & maintenance work of Municipality

May 5, 2018 26310 Views 0 comment Print

In re Khilari Infrastructure Private Limited (GST AAR Maharashtra) Question -1 -Determination of GST leviable on operation and maintenance work order given by such Municipal Corporation. Answer : – Under GST Act, 2017, their services attracted CGST & SGST @ 9% each with effect from 01.07.2017 and CGST & SGST @ 6% each with effect […]

Seizure of goods for mere Non-mentioning of Vehicle No. in E-Way Bill is illegal

May 5, 2018 16044 Views 4 comments Print

Merely of none mentioning of the vehicle no. in Part-B of E-Way Bill cannot be a ground for seizure of the goods. We hold that the order of seizure is totally illegal and once the petitioner has placed the material and evidence with regard to its claim, it was obligatory on the part of the respondent no.2 to consider and pass an appropriate reasoned order.

Scope of limited scrutiny cannot be extended without approval of administrative CIT

May 4, 2018 8634 Views 0 comment Print

Suresh Jugraj Mutha Vs Addl.CIT (ITAT Pune) Conclusion: It is outside the jurisdiction of AO converting the limited scrutiny case like the present one to the unlimited one without the approval of Administrative Commissioner of Income Tax. Facts – Assessee filed the return and the case was taken up for limited scrutiny for the purpose […]

Addition for sundry creditors without rejecting purchase are not sustainable

May 4, 2018 13557 Views 0 comment Print

M/s. Gulf Steel & Minerals Vs ITO (ITAT Ranchi) The AO is wrong in making the impugned addition on account of sundry creditor, which are related to purchases and the same also accepted by the AO as genuine. Without rejecting the purchases, the sundry creditors cannot be treated as income of assessee  Therefore, addition made by […]

India Gate Basmati Rice Case- No Anti-Profiteering as increase in price due to increase in GST

May 4, 2018 21396 Views 1 comment Print

it is revealed that the ndia Gate Basmati Rice sold by the Respondent was not liable for tax before the implementation of the GST and after coming into force of the CGST Act, 2017 it was levied GST @ 5% w.e.f. 22.09.2017.

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