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Disciplinary Proceedings cannot be initiated against lawyer for Acts Unrelated to Professional Conduct :SC

December 20, 2017 4485 Views 0 comment Print

Respondent No.1 herein (the complainant) had lodged a complaint with the Bar Council of Chhattisgarh (hereinafter referred to as the ‘State Bar Council’) on 19.12.2003 against the appellant, who is an Advocate by profession,

Goods detained under CGST/SGST Act to be released on simple bond without sureties

December 20, 2017 1497 Views 0 comment Print

The petitioner the consignor of certain goods has approached this Court against the notice issued by the detaining authority under the CGST/SGST Act. After detention when verification was made, it was found that there was mis-classification as also under valuation.

If assessee fails to establish genuineness of expenses than AO can compute income on estimate basis

December 20, 2017 1710 Views 0 comment Print

Many petty payments were made in cash and it was also not ascertainable whether payments attract disallowance under section 40A(3). Clearly, assessee could not establish genuineness of the expenses, therefore, AO was justified in computing income on estimate basis.

No Jurisdiction to issue Service Tax demand notice Post GST Rollout? HC Stays Demand

December 20, 2017 7095 Views 2 comments Print

It was argued that govt does not have any jurisdiction to enter into an inquiry in respect of the subject matter of the notice and as such the impugned notice was wholly without jurisdiction.

Sales tax applies on Divisible Contract if predominant intention was Sale of Equipment

December 20, 2017 2520 Views 0 comment Print

M/s. Bharat Heavy Electricals Ltd. Vs. State of Maharashtra (Bombay High Court) It is evident that in the facts of the present case the contract was clearly one for supply and erection of equipment, supply of equipment being dominant purpose. No doubt the State of Maharashtra had enacted the Maharashtra Sales Tax on “Transfer” of […]

Allowability of Depreciation on assets leased out

December 19, 2017 13923 Views 0 comment Print

Where assessee was a rightful owner of leased assets and lessees had confirmed the ownership of assets, and they had not claimed depreciation in their books of account for purchase and lease of assets, assessee was duly entitled to depreciation on such assets.

Search on holding company and assessee name not mentioned in warrant so Assessment U/s. 153A is void ab initio

December 19, 2017 2358 Views 0 comment Print

From the perusal of the provisions of section 153A of the Act that notice under section 153A can only be issued where a search is initiated under section 132 of the Act or books of account or other documents other documents are requisitioned under section 132A after the 31-5-2003.

No Penalty for Disallowance of Debatable and Bonafide claim

December 19, 2017 1446 Views 0 comment Print

DCIT Vs. Sh.Vipan Guppta Prop. (ITAT Chandigarh) We find no infirmity in the order of the Ld.CIT(Appeals) in deleting the penalty levied following the decision of the Coordinate Bench in the case of M/s Hycron Electronics Vs. ITO in ITA No. 326/Chd/2015 relating to assessment year 2009-10. On perusal of the said order we find that […]

Self-Assessment Tax paid in excess of Tax Payable is eligible for Interest

December 19, 2017 2742 Views 0 comment Print

whether the assessee, who made a self assessment of tax and paid tax, far in excess of that determined under the regular assessment; is entitled to interest on the refund.

Deduction U/s. 10B can be claimed on export of customized electronic data or legal database

December 19, 2017 1026 Views 0 comment Print

Expression Computer Software is wide enough to embrace diverse activities and to eliminate any doubt the reference can be made to Customized Electronic Data as mentioned in Second Explanation to Section 10B (2) of the Act. Further, CBDT issued notification and the notification relied on in the present case uses the expressions (iii) content development or animation (iv) data processing …. (vii) human resources services” and (ix) legal data-bases

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