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Judiciary

Deduction U/s. 80IB not allowable on non filing of Return within prescribed time U/s. 139(1)

May 4, 2018 1395 Views 0 comment Print

Suolificio Linea Italia (India) (P) Ltd. Vs JCIT (Calcutta High Court) Conclusion: Deduction under section 80-IB was not allowable in case assessee did not file its return of income for relevant assessment year within period prescribed under section 139(1) as per the condition imposed by section 80AC. Held: When the governing provision i.e., section 80AC […]

Service of Section 148 Notice to CA of Assessee is not service at all

May 4, 2018 13950 Views 0 comment Print

No notice was served to the petitioner under Section 148(1) of the IT Act and service of notice to the Chartered Accountant of the petitioner Company is not service at all and participation of the petitioner Company by filing return and filing objection to the notice to the reasons to believe cannot be held to be a valid service of notice

GST on Power Bank used to charge portable devices: AAR Haryana allowed application withdrawal

May 4, 2018 3492 Views 0 comment Print

In re  EPCOS India Pvt. Ltd. (GST AAR Haryana) Question Raised- Whether the product power bank which is used to charge portable devices can be classified under heading 8504 – having description “Electrical Transformers, Static converters (For Example, Rectifiers) And Inductors? Held by GST AAR Haryana Before the applicant could be provided a personal hearing, […]

IGST payable by importer on ocean freight in case of CIF basis contract: AAR

May 4, 2018 23154 Views 0 comment Print

In re Bahl Paper Mills Ltd. (AAR Uttarakhand) (a) Whether under Reverse Charge Mechanism, IGST should be paid by the importer on ocean freight in case of CIF basis contract, when service provider and service recipient both are outside the territory of India. In this regard it is observed that vide notification no. 8/2017- Integrated […]

Definition of total turnover given U/s. 80HHC / 80HHE cannot be adopted for Section 10A

May 4, 2018 2625 Views 0 comment Print

The definition of total turnover given under Sections 80HHC and 80HHE cannot be adopted for the purpose of Section 10A: HCL Technologies case

Section 50C- ITAT deletes addition of 8% difference in Value

May 4, 2018 1635 Views 0 comment Print

Shri B.S. Sanjay [HUF] Vs ITO (ITAT Bangalore) In the present case, the sale consideration as per sale deed is Rs. 59.40 Lakhs and the value adopted by DVO u/s. 50C (2) is Rs. 64,10,400/- and therefore, the difference between these two values is of Rs. 4,70,400/- which is less about 8% of the sale […]

Restore Company name when company expresses its willingness to file ROC returns with late fee: NCLT

May 4, 2018 2715 Views 1 comment Print

Ms. Rashmi Rajpal v. Klienz Herbal (P.) Ltd. (National Company Law Tribunal, Hyderabad Bench) Where name of a company was struck off because of delay in filing statutory returns, reasons of which was explained, and, company had expressed its willingness to file all returns along with payment of prescribed fee to which ROC had no objection, name […]

Set off of unabsorbed business losses against capital income arising through slump sale allowable

May 3, 2018 4401 Views 0 comment Print

Gouranga Cement Pvt.Ltd. Vs DCIT (ITAT Kolkata) It is undisputed fact that the assessee has the earned the long term capital income by way of transfer of the business assets such as factory building, Plant & Machinery, electric installation under the head slum sale. Thus the nature of LTCG is in the nature of business […]

18% GST payable on railway track maintenance work: AAR

May 3, 2018 11409 Views 0 comment Print

The Applicant, stated to be an enlisted contractor engaged by the Railways for maintenance work of railway tracks, wants a ruling on the Classification and Rate of Tax when maintenance of railways tracks is done by them by providing contractors labour only in cases where the Railways supply materials free of cost and when maintenance of railways tracks is done by them by providing, both, contractor’s material and labour.

Under RTI act petitioner cannot elicit answer to his queries or ask for any ‘opinion’ or ‘advice’

May 3, 2018 17448 Views 1 comment Print

RTI Act does not cast on the public authority any obligation to answer queries in which the petitioner attempts to elicit answer to his queries with prefixes as why, what when and whether. The petitioner’s right extends only to seeking information as defined in section 2(f) either by pointing the file document, paper or record etc., or by mentioning the type of information as may be available with the specified public authority.’

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