Month: August 2018

AAR : Entitlement to take credit of tax paid on various goods and services used for maintenance of applicant’s township, guest house, hospital, horticulture in its ordinary course of business.

Odisha Authority for Advance Ruling Goods and Service Tax Proceedings of the authority for advance ruling U/S 98 OF THE GOODS AND SERVICE TAX ACT,2017 Members present are: Sri Anand Satpathy, OFS(SAG),Addl. Commissioner of CT & GST Office of the Commissioner, CT & GST, Odisha Banijyakar Bhawan, Old Secretariate Compound,Cuttack-753001-0disha. 2. Sri Nilanjan Pan, IRS, Joint …

Bombay H.C : The Appellant does not have a Permanent Establishment in India and instead setting aside the order of the CIT (A)

High Court Of Bombay Co-Operative Centrale Reiffeisen-Boereleenbank B. A. vs. Deputy Commissioner (International Taxation) Of Income Tax Section 254(2), Article 5 (5) of DTAA Asst. Year 2002-2003, 2003-2004 & 2005-2006 S. C. Dharmadhikari & B. P. Colabawalla, JJ. Income Tax Appeal No. 1198 OF 2015, 260 OF 2016, 264 OF 2016 29th August, 2018 Counsel Appeared: …

Karnataka H.C : Neither assessing authority nor Dispute Resolution Panel has recorded specific finding as to whether the assessee has incurred specific expenditure or not even when the ingredients of section 14A are satisfied in the case of the assessee and the assessing authority has categorically specified the expenditure for such dis allowance

High Court Of Karnataka Pr. CIT And Ors. vs. Goldman Sachs Services Pvt. Ltd. Section 14A, 260-A and Rule 8D of Income Tax Rules Asst. Year 2010-11 Dr. Justice Vineet Kothari & S.Sujatha, JJ. I.T.A. No.495/2017 28th August, 2018 Counsel Appeared: Dilip Adv., K.V. Aravind, Advs. for the Petitioner.: Sandeep Huilgol, T Suryanarayana, Adv. for the …

Delhi H.C : the petitioner and others were admitted by the ITSC vide order dated 7th January, 2014 under Section 245D(1)

High Court Of Delhi Moin A Qureshi vs. CIT And Another Section 245D(2C) Asst. Year 2008-09 to 2013-14 Sanjiv Khanna & Chander Shekhar, JJ. Writ Petition (Civil) No. 4824/2017 28th August, 2018 Counsel Appeared: R.K. Handoo, Yoginder Handoo, Aditya Chaudhary, Manish Shukla & Nishant Kumar, Advocates for the Petitioner.: Ruchir Bhatia, Sr. Standing Counsel for the …

Madras H.C : The Settlement Application filed by the petitioner was not allowed to be proceeded with and treated as invalid under Section 245D(2C)

High Court Of Madras Abdul Rahim vs. Income Tax Settlement Commission Section 245D(2C) Asst. Year 2010-11 to 2016-17 K. Ravichandrabaabu, J. W.P. No. 14404 of 2018 and W.M.P. No. 17004 & 17005 of 2018 24th August, 2018 Counsel appeared: R. Sivaraman for the Petitioner.: A.P. Srinivas, Sr.Standing Counsel for the Respondent ORDER The petitioner is an …

Bombay H.C : The assessee integrated both and this is a systematic activity or trading of shares with business motive. Thus, this is a trading activity and, therefore, he treated the short term capital gain offered by the assessee as business income.

High Court Of Bombay Ramilaben D. Jain vs. ACIT S. C. Dharmadhikari & B. P. Colabawalla, JJ. Income Tax Appeal No. 325 Of 2016 Asst. Year 2007-08 20th August, 2018 JUDGMENT Nitesh Gandhi I/B Vipul Joshi for the Appellant.: A.R. Malhotra with N.A. Kazi for the Respondent PC. By this appeal, the assessee questions the concurrent findings …

S.C : An assessee who sets up a new industry of a kind mentioned in sub-section (2) of Section 80-IC of the Act and starts availing exemption of 100 per cent tax under subsection (3) of Section 80-IC (which is admissible for five years) can start claiming the exemption at the same rate of 100% beyond the period of five years on the ground that the assessee has now carried out substantial expansion in its manufacturing unit

Supreme Court Of India CIT vs. Classic Binding Industries A. K. Sikri & Ashok Bhushan, JJ. Section 80-IC CIVIL APPEAL NO(S). 7208 of 2018, 7223 of 2018, 7220 of 2018, 7215 of 2018, 7230 of 2018, 7216 of 2018, 7232 of 2018 20th August, 2018 A. K. SIKRI, J. 1. A neat question of law which …
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