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Subsidy for setting up industries to generate employment not to be adjusted against cost of depreciable assets

April 20, 2018 2055 Views 0 comment Print

Sanghi Industries Ltd. Vs ACIT (ITAT Hyderabad) Only if subsidy or other grant was given to offset the cost of an asset, such payment would be covered by Explanation 10 to section 143(1). In the instant case where subsidy was received as an incentive for setting up industries to generate employment, the mere fact that […]

CIT (A) cannot accept additional evidence without calling remand report from AO

April 20, 2018 5892 Views 1 comment Print

On the facts and circumstances of the case & in law, the Ld. CIT(A) erred in deleting the addition of Rs.95,00,000/- made by the AO on account of unexplained cash credit from an entry operator completely ignoring the findings given by the Honble Delhi High Court in cases like CIT V. Nova Promoters 342 ITR 169, CIT v. NR Portfolio [2013] 29 com 291 (Delhi), CIT v. N Tarika Properties

Advance ruling cannot be admitted if same issue is pending before any court

April 20, 2018 1443 Views 0 comment Print

M/s Crux Biotech India Private Limited (GST AAR Andhra Pradesh) Issue- The grain based extra neutal alcohol, which slab under somes in GST era. Is this comes under 18% or exempted or any other tax category? Held-  Under Section 98(2) Advance Ruling Authority shall not admit the application where the question raised in the application […]

AAR Ruling on Credit of Uttarakhand VAT Paid on construction material under GST regime

April 20, 2018 2934 Views 1 comment Print

Whether Credit .of Uttarakhand VAT Paid on construction material such as cement, sand, steel etc. held in closing as on 30.06.2017 is allowed to be carried forward as transitional credit as Uttarakhand GST under GST regime

No GST on Marg Sudharan Shulk & 18% GST on Abhivahan Shulk: AAR

April 20, 2018 1563 Views 0 comment Print

Whether GST is leviable on the Marg Sudharan Shulk and Abhivahan Shulk charged by Forest Division Dehradun from the non-government, private and commercial vehicles engaged in mining work in lieu of use of forest road?

Income from trust properties has to be assessed in the hands of beneficiaries

April 19, 2018 9456 Views 0 comment Print

The position under section 161(1) of the Act is that a trustee under a trust cannot be assessed on the aggregate income received by it as a single unit. The assessment in the name of the trustee in terms of the sub-section can be made in two ways.

Sec. 80C Allowable on Principal Loan Payment for residential Flat irrespective of use

April 19, 2018 3057 Views 0 comment Print

The learned Counsel for the assessee has filed a chart depicting various issues arising in all of these appeals and it is seen that most of the issues are repetitive in all the years. Therefore, we are disposing of the appeals on the basis of the issues arising therefrom.

ICRISAT Eligible for Excise Duty refund on petroleum products procured by them

April 19, 2018 1722 Views 0 comment Print

On perusal of records, it transpires that the issue is regarding refund of Central Excise duty paid on various petroleum products which are consumed by the respondent whether it can be refunded or otherwise.

TDS deductible on Commission retained by Airline Operators for Collecting Passenger Service Fee

April 19, 2018 5379 Views 0 comment Print

M/s. Delhi International Tax Airport Pvt. Ltd Vs DCIT (ITAT Bangalore) Once it has been repeatedly held that Airlines Operators are collecting the PSF on behalf of the Airport Authorities/Operators and the PSF is to be paid to the airport authority in terms of the notifications issued by the MOCA at different points of time,the […]

s. 292B cannot save Assessment order passed without Notice u/s 143(2)

April 19, 2018 1977 Views 0 comment Print

ITO Vs. Sh. Neeraj Goel (ITAT Delhi) IT(A) has rightly held that the assumption of jurisdiction to frame an assessment or non assumption of jurisdiction to frame an assessment goes to the root of the judicial act of framing an assessment order and in the event of non assumption of jurisdiction u/s. 143(2) of the […]

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