Tax
Printing Of Pamphlet/Leaflet Falls Under The Category Of Supply Of Service, Attracts 18% GST: AAAR
The Daman Appellate Authority of Advance Ruling (AAAR) consisting of Gaurav Singh Rajawat (State Tax) and Seema Arora (Central Tax) while upholding the ruling of the Authority of Advance Ruling (AAR), held that printing of pamphlet/leaflet falls under the category of supply of service and it attracts GST at the rate of 18%.The appellant has been engaged in the activity of printing...
District Magistrate Empowered To Attach Property, Not Bruhat Bengaluru Mahanagara Palike Commissioner: Karnataka High Court
The Karnataka High Court has held that the District Magistrate is empowered to attach the property and not the Commissioner of Bengaluru Mahanagara Palike Commissioner (BBMP). The single bench of Justice S.P.Sandesh has observed that the Commissioner of BBMP, has no authority to attach the property as ordered by the Special JMFC (Sales Tax) Court and it ought to be enforced...
Consideration For Accessing Database Cannot Be Treated As 'Royalty' Under India-US DTAA: ITAT
The Delhi Bench of Income Tax Appellate Tribunal (ITAT)has ruled that the consideration for accessing Database cannot be treated as 'Royalty' under India-US Double Taxation Avoidance Agreement (DTAA). The two-member bench of Challa Nagendra Prasad (Judicial Member) and N.K.Billaiya (Accountant Member) has observed that the purchaser of the book does not acquire the right to exploit...
Application For Compounding Of Offence Under Section 276CC Income Tax Act Cannot Be Rejected If Conviction Is Set Aside By The Special Judge:Delhi HC
A Bench of the Delhi High Court, consisting of Justices Manmohan and Navin Chawla, has ruled that an application seeking compounding of the offence under Section 276CC of the Income Tax Act, 1961 could not be rejected on the ground that the Assessee had not been acquitted of the criminal charges, if his conviction with respect to the given offence has been set aside by the Special...
Neither Rational Nexus Nor Fresh Material To Believe Escapement Of Income: Delhi High Court Quashes Reassessment Notice
The Delhi High Court has quashed the reassessment notice issued under Section 148 of Income Tax Act, 1961 on the grounds that the reason to believe was invalid, had no rational nexus to the belief for escapement of income and there was no fresh material on record to initiate reassessment proceedings. The division bench of Justice Manmohan and Justice Sudhir Kumar Jain has opined that...
AO Can't Take Advantage Of Assessee's Ignorance To Collect More Tax: Karnataka High Court Condones Delay Of 6 Years In Filing Revised ITR
A bench of Karnataka High Court consisting of Justice Sunil S.Yadav has condoned the delay of 6 years in filing revised Income Tax Return (ITR). A single judge bench of Justice Sunil S.Yadav has observed that the intention of Circular No.014 (XL-35) dated 11.04.1955 was not that tax due should not be charged or that any favour should be shown to anybody in the matter of assessment,...
Gold Was Freely Importable By Normal Importer prior to DGFT Notification Dated 18 December, 2019: CESTAT
The Banglore Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that gold was freely importable by the normal importer prior to the restrictions imposed by the Directorate General of Foreign Trade (DGFT) vide Notification dated 18 December 2019.The two-member bench of Ashok Jindal (Judicial Member) and C. J. Mathew (Technical Member) has ruled that the...
ITC Received From Input Service Distributor Lying Unutilized In Electronic Credit Ledger Liable To Be Refunded: Gujarat High Court
The Gujarat High Court has held that Input Tax Credit received from input service distributor lying unutilized in electronic credit ledger is liable to be refunded. The division bench of Justice J.B.Pardiwala and Justice Nisha M.Thakore directed the respondent/department to process the claim of refund made by the writ petitioner/assessee for the unutilized IGST Credit lying in the...
Imparting Education By Section 25 Company Is A Charitable Activity Under Income Tax Act: Calcutta High Court
A Bench of Calcutta High Court, consisting of Justices T.S. Sivagnanam and Hiranmay Bhattacharyya, has ruled that when a Company has been established as a non-profit organization under the Companies Act, and its profits are applied solely for the promotion of its objects, its activities would by necessary implication fall under the definition of a "charitable purpose" under the Income...
ITAT Mumbai: Sale Of TDRs Does Not Attract Capital Gains Tax
The ITAT Bench of Mumbai, consisting of members Pavan Kumar Gadale (Judicial Member) and Prashant Maharishi (Accountant Member), has ruled that sale of transferable development rights does not attract capital gains tax since the cost of acquisition for the same does not exist. The Assessing Officer (AO) had issued a notice under Section 147 of Income Tax Act, 1961,...
Provisional Attachment under CGST Act Ceases After Expiry Of One Year: Rajasthan High Court
The Rajasthan High Court has ruled that the provisional attachment under CGST Act ceases to have effect after expiry of one year. The division bench headed by the Chief Justice Akil Kureshi and Justice Sudesh Bansal while listing the matter on March 22, 2022 stayed the provisional attachment. The bank account of the petitioner/assessee was placed under provisional attachment by an...
Income Tax Notice, Revisionary Proceedings Against A Dead Person Is Void: ITAT
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that the notice issued against a dead person is null and void and all consequent proceedings or orders being equally tainted are liable to be set aside.The two-member bench of Amit Shukla (Judicial Member) and Pradip Kumar Kedia (Accountant Member) has observed that the entire proceedings beginning from issue of show...