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Judiciary

Shares held as stock-in-trade do not attract dis allowance u/s 14A

April 19, 2018 2247 Views 1 comment Print

No dis allowance u/s 14A is called for in a case where the shares are held as stock-in-trade as held in India Advantage Securities Ltd. (supra), CCI Ltd. v. JCIT (2012) 20 taxmann.com 196 (Karn.), PCIT v. State Bank of Patiala (2017) 78 taxmann.com 3 (P& H) and CIT v. G.K.K. Capital Markets (P.) Ltd. (2017) 78 taxmann.com 341 (Cal.).

Rejection of application for Registration U/s. 12AA for No beneficiary clause in trust deed

April 18, 2018 3168 Views 0 comment Print

Where application for registration certificate was rejected solely on the ground that trust deed did not contain the beneficiary clause; opportunity was given to assessee to make fresh application after incorporating the said clause in the trust deed.

No Depreciation allowable on Non-Compete Fee paid to acquire a Going Concern

April 18, 2018 1821 Views 0 comment Print

DCIT Vs Excelex Bio Polymers (P) Ltd. (ITAT Delhi) The Assessing Officer held that the non-compete fee cannot be allowed as a revenue expenditure u/s 37(1). He took into consideration the amendment by the Finance Act, 1998 providing for allowance of depreciation on `intangible assets’ in the nature of know-how, patents, copyright, trademarks, licenses, franchises […]

Section 54F: Jointly owned house will not be considered in house property calculation

April 18, 2018 35505 Views 3 comments Print

Word own in s. 54F would include only the case where a residential house is fully and wholly owned by assessee and consequently would not include a residential house owned by more than one person.

Marine Consultancy Service provided to foreign ship owners do not constitutes composite supply with principal supply of consultancy service

April 18, 2018 6417 Views 0 comment Print

A. 1 Whether Marine Consultancy Service provided to foreign ship owners constitutes composite supply with the principal supply of consultancy service? A. 2 Whether the place of supply of MCS (as a composite supply) will be determined in terms of Section 13(2)(a) of the Integrated Goods and Services Tax, 2017, i.e. the ‘location of recipient of service’?

Non issue of notice U/s. 143(2) invalidates reassessment

April 18, 2018 4140 Views 0 comment Print

A.M. Muthiah & Anr. Vs DCIT (ITAT Mumbai) Issuance of notice under section 143(2) is mandatory, and absence thereof invalidates even a reassessment made in pursuance to section 148 and reliance placed by AO on section 292BB was misplaced.

TDS U/s. 194C not deductible on Reimbursement of haulage charges paid by C & F agents

April 18, 2018 9795 Views 0 comment Print

ACIT Vs Swastik Pipes Ltd. (ITAT Delhi) The assessee produced documentary evidences in support of its contention which had not been rebutted by AO and since impugned payments were in the form of reimbursement and no payments were made by assessee directly to shipping companies, therefore, assessee was not liable to deduct tax under section […]

S. 271B No penalty for non-furnishing of audit report within due date if same was obtained before due date

April 17, 2018 13212 Views 0 comment Print

We find that the audit report was obtained within section 139(1) time limit is not in dispute. It is also not in dispute that the copy of audit report was furnished to the Assessing Officer as and when the Assessing Officer called for the same.

Section 50C not applicable to cold storage building

April 17, 2018 1977 Views 0 comment Print

Provisions of section 50C of the Act is not applicable to the cold storage building so to substitute actual sale consideration by deemed sale consideration and the order of the Assessing Officer passed under section 147/143(3) of the Act cannot be a subject matter of section 263.

Excise duty not leviable on Contract of Erection and Commissioning of Boiler

April 17, 2018 2136 Views 0 comment Print

Brief facts of the case are that the Appellant M/s S.S. Engineers are engaged in the sale of own manufactured goods and also engaged in trading of bought out items which are used in erection, installation and commissioning of Sugar Plant and other goods falling under chapter 84 of the First schedule to the Central Excise Tariff Act, 1985.

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