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Judiciary

Assessment U/s. 153C in absence of incriminating material is bad in law

February 25, 2018 4746 Views 0 comment Print

Where books of account and other documents belonging to other person, i.e., the assessee as recovered from searched party did not indicate receipt of unaccounted money by the assessee, such books and documents could not be considered as incriminating material for initiation of proceedings under section 153C against the assessee.

Payment for Acquiring Mining Rights is Capital Expenditure

February 25, 2018 15435 Views 0 comment Print

ACIT Vs. Shri K.R. Kaviraj (ITAT Bangalore) In the light of the judgment of the Honorable Supreme Court in the case of Aditya Minerals Pvt. Ltd. (239 ITR 817) the impugned payment made for acquiring mining rights is capital expenditure and cannot be allowed as revenue expenditure. The reliance placed by the ld.CIT(A) on the […]

Registration U/s. 12A/ 12AA can be denied to Trust not applying its income for Charity

February 25, 2018 2859 Views 0 comment Print

Norka Roots Vs. CIT (Kerala High Court) As per Section 12AA of the Income Tax Act, the Commissioner is empowered to call for documents or information from the assessee, which are necessary to satisfy the authority about the genuineness of the activities of the institution. The Division Bench of this Court had also directed that […]

Payment of Royalty, license fee etc. as a condition of import of goods forms part of Assessable Value

February 25, 2018 10866 Views 0 comment Print

Rule 10(1)(e) of the Valuation Rules stipulates that all other payments actually made are to be made as a condition of sale of the imported goods by the buyer to the seller or by the buyer to the third party to satisfy and obligation of the seller to the extent that such payments are not included in the price actually paid or payable, shall be added to the price actually paid or payable for the imported goods.

No Service tax on construction of Era business school & hostel for NIT Calicut

February 25, 2018 1608 Views 0 comment Print

Ld. Counsel for the appellant submits that the projects in question are not commercial in nature as Era Business School is an educational institution recognized by AICTE and awarding degrees/diploma recognized by law. It is his further submission that National Automative Testing Center is for testing the vehicles for homologation which is a statutory requirement as per motor vehicle rules for compliance by the manufacturer of automobiles.

Royalty for use of Dabur brand by Overseas Subsidiary is an international transaction and TP Adjustment can be applied

February 25, 2018 2694 Views 0 comment Print

A two-Judge Bench of the Delhi High Court in Dabur India Ltd. vs. Pr. Commissioner of Income Tax held that Transfer Pricing adjustment is applicable to overseas subsidiary despite of receiving any royalty.

Share Application Money: Addition U/s. 68 not justified if AO not enquired on details submitted by Assessee

February 24, 2018 3720 Views 0 comment Print

CIT (Central) Vs. M/S Russian Technology Center (P) Ltd. (Delhi High Court) The preceding enumeration of the circumstances of the case show that the assessee had furnished all relevant data before the AO and the CIT(A), which, however, were not inquired into by the AO. Instead he obdurately adhered to his first impression and/or initial […]

Form Committee to look into Violation of Law by Multi-National Accounting Firms: SC

February 24, 2018 11643 Views 1 comment Print

Whether the Multi-National Accounting Firms (MAFs) are operating in India in violation of law in force in a clandestine manner, and no effective steps are being taken to enforce the said law. If so, what orders are required to be passed to enforce the said law.

In absence of principal agent relationship section 194H not applicable

February 24, 2018 3171 Views 0 comment Print

When there is direct sale transaction between two principals and there is no principal agent relationship, provisions of section 194H are not applicable

Foreign language training service eligible for Service Tax exemption

February 24, 2018 2835 Views 0 comment Print

CESTAT Delhi held that imparting training in English, French, German, Spanish language by the appellant are entitled for exemption under notification No. 9/2003 ST dated 20.6.03 and notification No. 24/2004 dated 10.9.2004. Therefore the appellant is not liable to pay service tax.

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