Tax
ITAT Deletes Addition Of Cash Deposited During demonetisation period by Retired Army Officer
The Banglore Bench of the Income Tax Appellate Tribunal (ITAT) consisting of B.R. Baskaran (Accountant Member) deleted the addition of cash deposits during the demonetisation period on the ground that the retired army officer had withdrawn the cash to meet medical emergencies. The assessee is a retired army officer and is drawing a pension. During the demonetisation period, the...
Consideration For Resale Of Computer Software Is Not The Payment Of Royalty For Use Of Copyright In Computer Software: ITAT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) consisting of Chandra Mohan Garg (Judicial Member) and Shamim Yahya (Accountant Member) has held that consideration for the resale of the computer software through End User Licence Agreement (EULA)/distribution agreements is not the payment of royalty for the use of copyright in the computer software and, therefore, not taxable...
Assessee Discharges Primary Onus Submitting Documentary Evidence: ITAT Deletes Addition of Unexplained Cash Credits
The Raipur Bench of the Income Tax Appellate Tribunal (ITAT), consisting of Ravish Sood (Judicial Member) and Jamlappa D Battu​​ll (Accountant Member), has deleted the addition made on account of unexplained cash credits. The respondent/assessee is in the business of manufacturing M.S. ingots. The assessee had filed its return of income for the assessment year 2012-13 on September...
Haryana Govt. Issues Instructions To Weed Out Bogus Firms For Passing Fake ITC
The Haryana Government has issued instructions for the processing of registration applications in FORM GST REG 01 in order to weed out bogus firms that pass fake ITC. "It has come to the notice of the Head Office that few proper officers in the State are insisting on personal appearances or seeking extraneous information from the applicants seeking fresh registration under GST. The...
Relaxation In Additional Fee On Delay in filing Form 11 By LLPs Till 30 June 2022: MCA
The Ministry of Corporate Affairs (MCA) has notified the relaxation in additional fees on delay in filing Form 11 by LLPs till June 30, 2022. This Ministry has received representation seeking an extension on the timelines for filing the Annual Return (Form 11) by LLPs without paying additional fees. In view of the transition from version-2 of MCA-21 to version-3 and to...
Monthly Digest Of Tax Cases: May 2022
Indirect Taxes Supreme Court GST Council Recommendations Not Binding On Centre & States; Both Parliament & State Legislatures Can Legislate On GST : Supreme Court Case Title : Union of India and Anr versus M/s Mohit Minerals Through Director Citation : 2022 LiveLaw (SC) 500 In a significant verdict, the Supreme Court held that the recommendations of the GST council...
Schools Not Entitled To Pay GST On Canteen And Transportation Services: AAR
The Maharashtra Authority of Advance Ruling (AAR) consisting of Rajiv Magoo and T.R. Ramnani has ruled that the schools are not liable to pay GST on the canteen and the transportation services that are furnished by schools. The applicant, Rahul Ramchandran, has a new business under the trade name "Nashik Cambridge Pre-school". The applicant intends to supply certain services...
Income Of Mussoorie Dehradun Development Authority Not The Income Of The State Government, Not Exempt Under Article 289(1): Uttarakhand High Court
The Uttarakhand High Court has reiterated that even if a Development Authority constituted under an Act of the State Legislature does not carry on any trade or business within the meaning of Article 289(2) of the Constitution of India, it continues to have a distinct legal personality separate from the State and, therefore, its income cannot be considered to be the income of the State so...
Intermediate Goods Captively Consumed For Manufacture Of Exempted Final Products Does Not Attract Excise Duty: CESTAT
The Ahmedabad Customs, Excise and Service Tax Appellate Tribunal (CESTAT), consisting of Ramesh Nair (Judicial Member) and P.Anjani Kumar (Technical Member), has ruled that intermediate goods captively consumed for the manufacture of exempted final products do not attract excise duty. The appellant/assessee is engaged in the manufacture of brass parts of agricultural products falling...
Occupation Health Check-Up Service By The Hospital Are Health Care Services, No GST Payable: AAAR
The Gujarat Appellate Authority of Advance Ruling (AAAR) consisting of Seema Arora and Milind Torawane has ruled that no GST is payable on the occupational health check-up service by the hospital as it was covered under health care services. The appellant, M/s. Baroda Medicare Private Limited, is running 3 multi- specialty hospitals under the brand name "Sunshine Global Hospitals'...
No GST Payable On Fees Collected Towards Training In Respect Of Football, Basketball, Athletic, Cricket, Swimming, Karate And Dance: AAR
The Maharashtra Authority of Advance Ruling (AAR) consisting of Rajib Magoo and T.R. Ramnani has ruled that GST is not payable on fees collected towards training in respect of football, basketball, athletics, cricket, swimming, karate, and dance.The association, M/s Navi Mumbai Sports Association, has constructed an international sports complex on land allotted by M/s CIDCO to it. The...
Assessee Entitled To Additional Depreciation On The Power Plant And Installed Windmill: Delhi ITAT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) consisting of Yogesh Kumar U.S. (Judicial Member) and B.R.R. Kumar (Accountant Member) has ruled that assessees are entitled to additional depreciation on the power plant and the installed windmill. The assessee/appellant is engaged in the fields of manufacturing and selling of sponge iron, billets, wire rod, TMT,...