The Words “In India” Cannot be Read Into Section 54F When Parliament in Its Legislative Wisdom Has Deliberately Not Used the Words: ITAT Bangalore
In the case of Rajasugumar Subramani vs ITO, ITAT Bangalore has held that: Since the Tribunal has taken a view in similar set of facts, we find no justification to take a contrary view in this appeal. Accordingly, following the […]
Amendment w.e.f. AY 2014-15 Will Not Apply to A Purchase Transaction of Immovable Property For Which Full Consideration is Paid Pre-Amendment: ITAT Ranchi
In the case of Bajrang Lal Naredi vs ITO, ITAT Ranchi has held that: It is not in dispute that purchase transactions of immovable property were carried out in FY 2011-12 for which full consideration was also parted with the […]
The Tendency to Perceive Delay As A Non-Serious Matter Should be Discouraged: ITAT Delhi
In the case of Boutique Hotels India (P) Ltd vs ACIT, ITAT Delhi has held that: It is not as if mistake of a legal advisor, however, gross and inexcusable, will entitle an assessee to condonation of delay in filing […]
The Loss Arising to Assessee for Cancellation of Its Shares Pursuant to Reduction of Capital Should be Allowed as Long Term Capital Loss: ITAT Mumbai
In the case of Carestream Health Inc vs DCIT, ITAT Mumbai has held that: The ld DR vehemently argued that the percentage of shareholding remains the same because reduction of shares had happened for all shareholders. We find that the […]
The Only Requirement For Granting Registration Under Section 11/ 12AA of the Income Tax Act is That The Objects of The Society Should be Charitable in Nature and Activities are Genuine: ITAT Amritsar
In the case of Shri Dhar Sabha Vaishno Devi vs CIT(E), ITAT Amritsar has held that: 23.) In the instant case, the Ld. CIT(E) denied the registration by observing that the head of the society is restricted to be from […]
Where the Deductor has Deducted Tax at Source But Has Not Deposited the Tax with the Government, the Assessee Cannot be Made to Suffer: ITAT Delhi
In the case of Aricent Technologies Holdings Ltd vs. ACIT, ITAT Delhi has held that: As held by the Gauhati High Court in the course of Omprakash Gattani (supra), once the mode of collecting tax by deduction at source is […]
A Representative Office of a Foreign Enterprise is Not a Taxable Unit. Foreign Enterprise is the Taxable Unit: ITAT Mumbai
In the case of DZ Bank AG – India Representative Office vs. DCIT, ITAT Mumbai has held that: 30.) In the light of the above discussions, as also bearing in mind entirety of the case, it is clear that, on […]
An Indian Taxpayer is Not Entitled to Claim Refunds From the Government of India of Taxes Paid Outside India: ITAT Mumbai
In the case of Bank Of India vs ACIT, ITAT Mumbai has held that: 80.) To sum up, the assessee is declined the foreign tax credits for Rs 182,64,22,948, and, accordingly, we hold that the assessee is not entitled to […]
Order of the AO Imposing Penalty on Assessee Under Section 271AAB of the Income Tax Act Does Not Pass the Mandate of the Provisions of Section 271AAB of the Act. So Appeal of the Assessee is Allowed: ITAT Patna
In the case of Shiv Bhagwan Gupta vs ACIT, ITAT Patna has held that: “The assessee has filed return u/s 139 showing income of Rs. 2808270/-The assessee has disclosed income of Rs.2179221/- during the year on account of undisclosed jewellery. […]
Assessing Officer Withheld the Refund Without Assigning the Reason Which is Required by Law. So the Petition of the Assessee is Allowed: Calcutta High Court
In the case of Mcnally Sayaji Engineering vs Assistant Commissioner, Calcutta High Court has held that: Following the principle laid down in the judgment reported in Nazir Ahmad vs. King Emperor AIR 1936 PC 253, “if a statute provides an […]
There is No Employer- Employee Relationship If Doctor is Paid on the Basis of Patients Attended: ITAT
In the case of DCIT vs Sir Hurkisondas Nurrotumdas Hospital & Research Centre, ITAT Mumbai has held that: Going by the factual matrix as enumerated in the preceding paragraphs, it could be noted that the terms of arrangement with consultant […]
Only Amount Reflected in Form 26AS Does Not Mean that Assessee is the Actual Beneficiary Unless It is Established: ITAT
In the case of Dr Swati Mahesh Vinchurkar vs DCIT, ITAT Surat bench has held that: We have considered the rival submissions of the parties and have gone through the orders of the lower authorities carefully. There is no dispute […]
As the Activities of the Assessee are Under the Statutory Obligation under Development Act 1973, The Activities Can Not be Treated as Trade, Commerce or Business: ITAT Agra
In the case of Agra Development Authority vs DCIT, ITAT Agra has held that after respectfully following the decision of the coordinate bench in the matter of JHANSI DEVELOPMENT AUTHORITY (supra) we hold that the assessee activities like Income from […]
The Commissioner has to Re-Examine the Application of the Assessee Because He Rejected the Assessee’s Application Without the Opportunity of Being Heard: ITAT Agra
In the case of Aashray vs CIT (Exemption), ITAT Agra has held that: The appeal of the assessee is allowed for statistical purposes, the Commissioner (exemption) is directed to examine the objects of the assessee and find out whether the […]
CIT Has Rejected the Appeals Without Hearing the Assessee, So We are Giving Opportunity of Being Heard to the Assessee: ITAT Agra
In the case of Smt. Poonam Shivhare vs A.C.I.T., ITAT Agra has held that Having carefully examined the order of the CIT(A) in the aforesaid cases, we find that the CIT(A) has rejected the appeals without hearing the assessee, although, […]
![Must Read: Assessee Gets Relief From ITAT Agra Due to Word "May" as Used in Section 69 of the Income Tax Act [Read Order]](https://i0.wp.com/taxconcept.net/wp-content/uploads/2021/09/1628329189_tax-1-1600x1200-3b59abf9.jpg?resize=1200%2C900&ssl=1)
Must Read: Assessee Gets Relief From ITAT Agra Due to Word “May” as Used in Section 69 of the Income Tax Act [Read Order]
In the case of Smt. Uma Agarwal vs ITO, ITAT Agra has held that: The word “ may” had been used by the statute under section 69A, as had been used by the statute under section 69 of the Income […]
![Assessee Can Claim Refund of Service Tax Paid Belatedly Under RCM After Implementation of GST: CESTAT [Read Order]](https://i1.wp.com/taxconcept.net/wp-content/uploads/2021/09/IMG_20210609_213211-7a5339d2.jpg?resize=800%2C600&ssl=1)
Assessee Can Claim Refund of Service Tax Paid Belatedly Under RCM After Implementation of GST: CESTAT [Read Order]
NSSL (P.) Ltd. vs Commissioner of Central Excise, CGST & CE, Nagpur Briefly stated, the facts of the case are that the appellant herein is engaged inter alia, in the manufacture of Industrial valves, spares parts of valve and components etc., falling […]
Contribution Towards ESI and PF are Deposited Before the Due Date Under Section 139(1). So No Disallowance Should Occur in Assessment: Jodhpur ITAT
In the case of U and T Tractor Spares Private Limited Jodhpur, the Jodhpur ITAT has held that the employees’s contribution amounting to Rs 425,722/- towards ESI and PF which have been collected by the assessee from its employees have […]
GST will not be levied on canteen charges collected from employees
GST will not be levied on the amount paid by the employees for the canteen facility. The Advance Decision Authority (AAR) has given this arrangement. Tata Motors had approached the Gujarat Bench of AAR seeking information on whether the nominal […]
Important judgments from the week
Many important judgments relating to corporate and commercial law were made by the High Courts and the Supreme Court during the last week or so. Two very important figures from this sphere – Justice R. F. Nariman and Justice Rajiv […]
New Conditions in clarificatory nature to existing Tax Law can’t be presumed to Be Retrospective – Supreme Court
The Apex Court held that the new conditions in clarificatory nature to existing Tax Law can not be presumed to be retrospective in nature. The assessee, M.M. Aqua Technologies Ltd. claimed a deduction of Rs.2,84,71,384/- under Section 43B based on […]
40th Weekly Taxation Newsletter
We thought it would help to give you a sense of what’s available to you by subscribing to this 40th WEEKLY TAXATION NEWSLETTER. ü Income Tax Updates ü GST Updates ü Custom/Excise Updates ü Important Case Laws ü International Updates ü NRI’s Updates ü Brain Bites – Do you […]
One-to-one correlation between output service and input service not required for claiming refund
Case Law General Motors Technical Centre India Pvt. Ltd. Vs Commissioner of Central Tax [Service Tax Appeal No. 20400 of 2020, dated April 1, 2021] Facts of the Case :- Appellant (General Motors Technical Centre India Pvt. Ltd ) is registered […]
Update- GST on Gold
Goods and Services Tax (GST) will have to be paid only for profit on resale of old or second hand gold jewellery. This arrangement has been given by the Authority of Advance Ruling (AAR) of Karnataka. Aadya Gold Pvt Ltd, […]
PROCEDURE FOR DELIVERY OF SCN TO BE FOLLOWED (MANDATORY to be followed)
HIGH COURT JUDGEMENT PROCEDURE FOR DELIVERY OF SCN TO BE FOLLOWED (MANDATORY to be followed) (Madhya Pradesh HC – Ram Prasad Sharma Vs Chief Commissioner) Facts – The Petitioner had received Show Cause Notice (SCN) to their e-mail address which […]
Can Intermediary claim refund as ‘export of service’?
AUTHORITY FOR ADVANCE RULINGS, WEST BENGAL in case of Teretex Trading (P.) Ltd. vide ORDER NO. 03/WBAAR/2021-22 dated JUNE 28, 2021 decided the same issue. • Submission of Applicant:- As stated by the applicant, the modus operandi of the business […]
World Intellectual Property Organization Bars Delhi-based Firm ‘Om Soft Solutions’ from Illegally Using Brand Name “Khadi”
The World Intellectual Property Organization (WIPO), a specialized agency of the United Nations for brand protection across the world, has ordered a Delhi-based firm against using a domain name http://www.urbankhadi.com, which illegally uses the brand name “Khadi”. The Administrative Panel […]
AAR Gujarat’s Judgement on Admissibility of Input Tax Credit of Tax Paid or Deemed to have been Paid
Case: Moksh Agarbatti Co. Dated: 23.08.2019 Query: Admissibility of input tax credit of tax paid or deemed to have been paid (Aggarbatti). To Download the Judgement, Please Click Here
Diary, Note Book and Deleted Data in CPU are not Books of Accounts of the Asseseee: ITAT Chennai
ITAT Chennai held that diary, note book and deleted data in CPU are not books of accounts of the asseseee in course of its business and thus, no addition could be made towards entries found in those diary , note […]
AAR Gujarat’s Ruling on Manufacturing of Different Types of Model Fuel Conversion Electric Parts
Case: Shree Mohit Rameshpal Gupta. Dated: 19.05.2020 Query: What is tax rate of SGST and CGST under Goods and Service Tax Act? And which HSN code will apply?
ITAT Agra Bench: No tax on cash deposits made by housewives during demonetization 2016
The Income Tax Appellate Tribunal (ITAT), Agra bench consisting of Judicial Member Lalit Kumar and the Accountant Member Dr Mitha Lal Meena has ruled that cash deposit made by the housewives during the demonetization scheme 2016, cannot be subject to […]
Ruling by AAR Gujarat on Grinding of Plastic Material [Read Judgement]
Case: Manishbhai Champakbhai Mehta. Dated: 30.07.2020 Query: What is the HSN code of grinding of plastic material and what is the tax rate of said goods? Ruling by AAR: HSN code of grinding of plastic depends upon the type of […]
18% GST will be Charged on Labour Supply if the Registered Person Does Not Meet the Criteria of Pure Agent: AAR Gujarat [Read Judgement]
Case: Bhadresh Kumar Rameshchandra Dave. Dated: 14.10.2020 Query: What will be the applicable GST rate for the activity carried out by the applicant?
Delhi High Court Bars JBMR Enterprises from Using Brand Name ‘Khadi’
Delhi High Court has directed a Ghaziabad-based trader, who indulged in fraudulent manufacturing and selling of counterfeit Khadi Prakritik Paint, to stop all such activities immediately. The court noted that the defendant JBMR Enterprises, owned by one Umesh Pal, has […]
Common Maintenance Fund Collected from Members is Liable to GST at the Time of Actual Supply of Service [Read Judgement]
Case: The Capital Commercial Co-op. (Service) Society Limited Question-1: Whether applicant is liable to pay GST on the common maintenance fund/ deposit collected from their members? Answer: Answered in affirmative. Question-2: If Yes, then, what shall be considered as the […]
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