Tax
No Opportunity Of Hearing Given To Managing Director Imprisoned In UAE: Kerala High Court Quashes Income Tax Assessment Orders
The Kerala High Court has quashed the income tax assessment order on the grounds that no opportunity of hearing was given to the Managing Director who was imprisoned in UAE.The single bench of Justice Bechu Kurian Thomas has ruled that the principle of natural justice has twin ingredients, firstly opportunity to show cause and of being heard should be given, it must be a real...
ITAT Disallows 'Mixed Used Charges' For Regularising Usage Of Residential Premises For Commercial Purposes Against House Property Income
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has disallowed the 'Mixed Used Charges' for regularising usage of residential premises for commercial purposes against house property income. The two-member bench of N.K.Billaiya (Accountant Member) and Yogesh Kumar US (Judicial Member) held that the collection of the annual mixed used charge will not make any difference in...
Disallowance Can't Be Made On Failure Of Assessee To Deduct TDS If Employee's Commission Shown As Part Of Salary Income: Bombay High Court
The Bombay High Court has held that disallowance cannot be made on failure of assessee to deduct TDS if employee's commission is shown as a part of salary income. The division bench of Justice Amit B.Borkar and Justice K.R.Shriram has ruled that section 192 of the said Act, unlike other TDS provisions, requires deduction of tax at source under the head "Salary only at the time of...
Denying Carry Forward Of Business Loss Based On Non-Completion Of Tax Audit Within Prescribed Time Not Justified: ITAT
The Cochin Bench of Income Tax Appellate Tribunal (ITAT) has ruled that denying the carry forward of business loss based on non-completion of tax audit/ statutory audit within prescribed time is not justified.The two-member bench of George Mathan (Judicial Member) and Ramit Kochar (Accountant Member) said, "there could be several reasons for not getting the statutory audit/tax-audit...
Obesity Is Not A Disease: 12% GST Payable On Pharmaceutical Pellets, Granules Except Orlistat Pellet: AAR
The Telangana Authority of Advance Ruling (AAR) has ruled that 12% GST payable on pharmaceutical pellets, and granules except Orlistat Pellet as obesity is not a disease. The two-member bench of B. Raghu Kiran (Central Tax) and S.V. Kasi Visweswara Rao (State Tax) has relied on the decision of the Supreme Court in the case of Commissioner of Central Excise Vs Wockhardt Life...
Construction Of Administrative Buildings For TSIIC Attracts 18% GST: AAR
The Telangana Authority of Advance Ruling (AAR) has ruled that 18% GST is applicable on construction of administrative buildings for Telangana State Industrial Infrastructure Corporation Limited (TSIIC).The two-member bench of B. Raghu Kiran (Central Tax) and S.V. Kasi Visweswara Rao (State Tax) has observed that the works contract executed by the applicant for construction...
Interest Of Buyer In Assessee's Business Not Established for Valuation of Excisable Goods: CESTAT Rejects Department's Appeal Seeking Valuation Of Goods Sold Prior To 2013
The Delhi Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has rejected the department's appeal seeking valuation of goods sold prior to 2013 on the grounds that the interest of buyer in assessee's business was not established.The two member bench of Justice Dilip Gupta (President) and P.V.Subba Rao (Technical Member) has observed that as Rule 10 (b) squarely covers...
Dept. Can't Raise Their Hands In Despair For Technical Glitches In GST Portal: Gujarat HC Directs Dept. To Allow Manual Furnishing Of GSTR-6
The Gujarat High Court has come down heavily on the Goods and Service Tax Department for technical glitches in the portal. The division bench of Justice J.B.Pardiwala and Justice Nisha M. Thakore observed that the writ petitioner/ taxpayer has been running from pillar to post requesting the respondents/ department to provide a solution and take care of the technical error and glitch...
Issuance Of 2 SCN Demanding Short Paid Duty, Denying Cenvat Credit For Same Period Doesn't Amounts To 2 Assessments: CESTAT
The Delhi Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has upheld the issuance of two show cause notices demanding the duty, which was short paid, and denying Cenvat credit respectively for the same period.The two-member bench of Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) did not find any illegality in Revenue issuing two show cause...
ITAT Delhi: Income Tax Act Does Not Prohibit HRA Exemption On Rent Paid To Wife
The Delhi Bench of ITAT, consisting of members A. D. Jain (Vice President) and Dr. B. R. R. Kumar (Accountant Member), has ruled that HRA exemption under Income Tax Act, 1961 cannot be denied on the ground that the Assessee pays rent to its spouse. The Assessing Officer (AO), while making assessment, clubbed the rental income earned by Assessee's wife in the hands of the Assessee on...
Issue Norms As To How Many Times Summons Can Be Issued During Investigations: Bombay High Court Directs GST Dept
The Bombay High Court has directed the Goods and Service Tax (GST) Department to issue norms as to how many times summons can be issued during investigations. The division bench of Justice S.M.Modak and Justice R.D.Dhanuka has directed the Department/respondents to indicate as to how many time summons were issued by the respondents to the petitioners, for what purpose and the progress...
Madras High Court Remands Matter To AO To Determine Whether IL&FS Is Public Financial Institution
The Madras High Court has remanded the matter to the Assessing Officer (AO) for determination to determine whether M/s. Infrastructure Leasing and Financial Services Limited (IL&FS) is a Public Financial Institution.The division bench of Justice R.Mahadevan and Justice J.Satyanarayana Prasad set aside the order of the ITAT and remanded to the AO to examine, whether IL&FS is a...