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Judiciary

Tax on interest on Security deposit with government linked with construction of Power Plant

March 23, 2018 2808 Views 0 comment Print

Jhabua Power Limited Vs DCIT (ITAT Kolkata) It is observed that the construction of Power Plant of the assessee-company was under progress during the year under consideration and in connection with the same, security deposit was required to be kept by the assessee to Commercial Tax Officer for sales-tax registration as well as with Executive […]

Section 195 Payment towards Import of Software Amounts to Royalty

March 23, 2018 20121 Views 0 comment Print

The CIT (A) has failed to understand that your appellant was not under any legal obligation to effect TDS on purchase of Computer Software in F.Y. 2011-12 as these were considered as purchase of goods under the then existing provisions of law and subjected to customs duty. Purchase of computer software was brought under the definition of Royalty vide the Finance Act 2012 with retrospective effect.

Lease rental income from letting out of warehouse constitutes business income

March 23, 2018 6864 Views 0 comment Print

The assessee, a company engaged in deriving rental income from letting out of warehouse, filed its return of income for asst. year 2013­14 on 29/8/2013 declaring income of Rs. 26,97,860/- treating the rental income received there form as business receipts and offering the same for taxation of business income. The case was taken up for scrutiny and the assessment was completed u/s 143(3) of the Income-tax Act, 1961 (in short ‘the Act’) vide order dated 24/3/2016

Sales Tax on LPG Cylinders payable on price finalized by MoP & NG

March 23, 2018 1950 Views 0 comment Print

Since a common question of law arises in these appeals, they are being disposed of by this common judgment. Briefly stated the facts are that the appellant­ assessee manufactures cylinders for storage of Liquefied Petroleum Gas (LPG). At the relevant time

GST AAR: Mere mentioning Aditya Birla name on Cereal packs to be construed as bearing brand name

March 23, 2018 3558 Views 0 comment Print

In re Aditya Birla Retail Limited (AAR Maharashtra) Also Read AAAR Ruling- Use of words Choice / Value / Superior on packing amounts to branding: AAAR Name Aditya Birla is a benchmark in itself and is associated with a certain trust and quality. Now, we see the definition of ‘brand name’ includes a name or […]

Commission to Sahayak for collecting milk liable for TDS u/s 194C

March 23, 2018 4791 Views 0 comment Print

Commission payments made by assessee to Sahayak was on percentage basis depending on various parameters like number of farmers pouring milk, fat and SNF factor in milk, quantity of milk collected etc. which ensured payment was commensurate with work performed and thus, the nature of work carried out by the Sahayak were covered by provisions of section 194C instead of section 194H and accordingly tax was deducted on the same accordingly. 

Trophies will be classified for GST based on constituent materials; Trophies of only base metals would be covered under Chapter Heading No. 8306: AAR

March 23, 2018 42222 Views 0 comment Print

The present application has been filed under section 97 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as the CGST Act and MGST Act] by ACRYMOLD, the applicant, seeking an advance ruling in respect of the following questions

Respondent in an appeal before Tribunal cannot seek any further or more relief than what had been granted to him by CIT(A)

March 23, 2018 2649 Views 0 comment Print

M/s. Tongani Tea Co. Limited Vs JCIT (ITAT Kolkata) Rule 27 of Income Tax (Appellate Tribunal) Rules can be invoked only to support the order appealed against on any of the grounds decided against the respondent Conclusion – The scope of rule 27 of the Income Tax (Appellate Tribunal) Rules, 1963 is limited only to support […]

ITAT on allowability of Diesel Expenses from House Property Income

March 22, 2018 1908 Views 0 comment Print

These appeals at the instance of the Revenue are directed against two orders of the Commissioner of Income-tax (Appeals), both dated 30.06.2016. The relevant assessment year is 2009-2010.

Mere payment of amount not enough to claim the same as expense

March 22, 2018 1410 Views 0 comment Print

M/s. K.V. Joseph & Sons Engineering Contractors Vs ACIT (ITAT Cochin) In this case the assessee paid Rs. 200 lakhs as an advance payment to Mr. K.J. Paul to carry out sub contract work of road at Edapally, High Court. The plea of the assessee is that it was incurred for the purpose of business. […]

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