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Judiciary

Unutilized Credit of EC and SHE could not be cross-utilized against excise duty or service tax

February 15, 2018 2490 Views 0 comment Print

While hearing the case between Cellular Operators Association of India vs Union of India, the Delhi High Court rejected the claim to allow credit of the unutilized education and higher education cess.

HC releases Vehicle seized due to Expiry of E-Way Bill

February 15, 2018 3915 Views 0 comment Print

Jaspreet Kalra Vs. Union of India (High Court of Uttarakhand) It is the contention of learned senior counsel that the vehicle of the petitioner has been seized by respondent no.3 thereby imposing a penalty of Rs.5,03,125/- equal to the IGST (the tax amount) on the technical ground that the validity of e-way bill had expired […]

Carry forward of KKC, EC etc. into GST: Implications of recent Delhi High court decision

February 15, 2018 20103 Views 2 comments Print

Education Cess was being levied on Central Excise and Service Tax from 10.09.2014. Education Cess paid on the purchase was available as a credit against payment of education cess on payment on the output removal.

Interest on bank deposits when project is being setup is a capital receipt: POSCO India case

February 15, 2018 1887 Views 0 comment Print

Taxability of income earned by an assessee during the period when the project was not complete and business had not commenced has remained a debatable point in many cases.

No Cenvat credit admissible on outward transportation services from factory to buyer’s premises

February 14, 2018 13266 Views 0 comment Print

Whether Goods Transport Agency (GTA) services availed for transportation of goods from place of removal to buyer’s premises will be considered as input service within ambit of Rule 2(l) of Cenvat Credit Rules, 2004?

Penalty U/s. 271(1)(c) not sustainable on failure of AO to strike off inappropriate words in show-cause notice U/s. 274

February 14, 2018 3078 Views 0 comment Print

Where show cause notice issued under section 274 read with section 271(1)(c) did not specify charge against assessee as to whether it was for concealing particulars of income or furnishing inaccurate particulars of income, levy of penalty could no be sustained.

Expense of Corporate Membership of Director is allowable Expenditure

February 14, 2018 15411 Views 0 comment Print

Many clubs allow membership to companies or other business entities. The membership is given in name of company or other concern. It is very well known that the clubs are a platform to meet people.

Fees for use of Software is revenue in nature and allowable U/s. 37

February 13, 2018 2559 Views 0 comment Print

License fee, Connectivity charges and co-ordination charges paid to a US based company GE Capital Corporation for use of ‘Vision Plus’ software held to be revenue in nature and allowable under section 37

Non compete fee is not an eligible intangible asset for depreciation U/s. 32

February 13, 2018 2325 Views 0 comment Print

Non compete fee is not an eligible intangible asset as the words similar business or commercial rights have to necessary result in an intangible asset against the entire word which can be asserted as such to qualify for depreciation u/s 32(1)(ii) of the Act which non compete fees lacks

S.68 Addition cannot be made merely because Investor Company was from Kolkata

February 13, 2018 3090 Views 0 comment Print

Share application money cannot be treated as unexplained credit if the AO does not make any investigation on the documentary evidences filed by the assessee or ask for the production of the investors for examination u/s 131 or if adverse material is found during search to prove that share application money is bogus or an arranged affair of the assessee

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