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Judiciary

Immovable Property introduction as capital in LLP- Tax will be computed on amount recorded in books of account of firm

March 9, 2018 18957 Views 1 comment Print

Mumbai bench of Income Tax Appellate Tribunal (ITAT), recently upheld the book-value based taxation of partner on capital contribution of immovable property in the case of a Limited Liability Partnership (LLP) and proclaimed in its recently published order.

Non-Adjustable Deposit for Acquisition of Membership paid to NSE is Capital Expenditure

March 9, 2018 1455 Views 0 comment Print

In the case of M/s Abhipra Capital Limited vs Deputy Commissioner of Income Tax (Investigation), the Delhi High Court held that amount paid to National Stock Exchange (NSE) as non-adjustable deposit for acquisition of membership cannot be treated as revenue expenditure and the same would be termed as capital expenditure.

E-rickshaw Tyres classifiable as New pneumatic tyres of rubber; Taxable at 28% GST: AAR

March 9, 2018 2022 Views 0 comment Print

In re Ceat Limited (AAR Maharashtra) Applicant is engaged in the manufacturing of tyres of kind used in three-wheeled Electric-rickshaws which are used to transport goods and passengers over short distances. The applicant, M/s Ceat Ltd. has filed the application under section 97 of the Maharashtra Goods and Services Tax Act, 2017 and requested to […]

GST payable on coaching services for entrance examination: AAR

March 9, 2018 2667 Views 0 comment Print

In re Simple Rajendra Shukla (GST AAR Maharashtra) Whether Services related to providing coaching for entrance exam will come in the ambit of GST? FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, MAHARASHTRA 1. The applicant Simmple Rajendra Shukla has filed the application under section 97 of the Maharashtra Goods and Services Tax Act, […]

CIC instructs CCIT, Ranchi to educate concerned officials about RTI Act, 2005

March 9, 2018 1110 Views 0 comment Print

The Complainant vide his RTI application sought information regarding the total amount paid to Guest House/ Houses for stay by Shri S.K. Roy, JCIT, Range-3, Bokaro during the month of October, 2016.

No Exemption U/s. 10(37) if no agricultural activity during last two years prior to date of acquisition of agricultural land

March 9, 2018 11889 Views 0 comment Print

Ajesh Kumar Agrawal Vs. CIT (Rajasthan High Court) What is to be considered is that for being granted benefit under sub-section (37) of section 10 of the Act, the land in question should have been put to agricultural use by the assessee for the preceding two years. Even if we accept the contention of the […]

Repeal of KVAT Act would not affect proceedings initiated by Authorities

March 8, 2018 1752 Views 0 comment Print

Abhay Solvents Private Limited Vs Assistant Commissioner of Commercial (Karnataka High Court) In terms of Section 174(1)(f), it is clear that the repeal of the Act specified in Section 173 shall not affect any proceedings including that relating to an appeal, revision, review or reference, instituted before, on or after the appointed date, under the […]

ITAT confirms Penalty on admitted bogus purchase to Inflate work in progress

March 8, 2018 2544 Views 0 comment Print

Centaur Mercantile P. Ltd. Vs ACIT (ITAT Mumbai) It is undisputed that the assessee has booked bogus purchases thereby inflating work-in-progress. Hence, it is clear that the assessee was owner of undisclosed income during the year. It was because of the system of accounting followed by the assessee being percentage completion method, that there was […]

Sec 254(2) Tribunal can’t Review its own order unless there is a Mistake apparent from Records

March 8, 2018 3192 Views 0 comment Print

Scope of Section 254(2) to rectify mistake apparent from record is very limited and tribunal cannot review its own decisions within limited scope of Section 254(2) unless there is a mistake apparent from records neither it is shown that tribunal order is perverse not sustainable in the eyes of law.

Sec 54F not prescribe any condition as to date of commencement of construction of new house property

March 8, 2018 12825 Views 0 comment Print

Section 54F do not prescribe any condition as to the date of commencement of construction of new house property, meaning thereby that the construction of house property may be commenced even before the date of transfer of original asset.

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