Taxcharcha

Month : March 2019

CGST Tax NotificationsGST

Notification No. 09/2019-Central Tax (Rate) ,dt. 29-03-2019 Seeks to amend notification No. 02/2019- Central Tax (Rate) so as to provide for application of Composition rules to persons opting to pay tax under notification no. 2/2019- Central Tax (Rate).

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CGST Rate NotificationGST

Notification No. 08/2019-Central Tax (Rate) ,dt. 29-03-2019 Seeks to amend notification No. 1/2017- Central Tax (Rate) so as to notify CGST rate of certain goods as recommended by Goods and Services Tax Council for real estate sector.

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CGST Rate NotificationGST

Notification No. 07/2019-Central Tax (Rate) ,dt. 29-03-2019 – Seeks to notify certain services to be taxed under RCM under section 9(4) of CGST Act as recommended by Goods and Services Tax Council for real estate sector.

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CGST Rate NotificationGST

Notification No. 06/2019-Central Tax (Rate) ,dt. 29-03-2019 – Seeks to notify certain class of persons by exercising powers conferred under section 148 of CGST Act, 2017.

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CGST Rate NotificationGST

Notification No. 05/2019-Central Tax (Rate) ,dt. 29-03-2019 – Seeks to amend notification No. 13/2017- Central Tax (Rate) so as to specify services to be taxed under Reverse Charge Mechanism (RCM) as recommended by Goods and Services Tax Council for real estate sector.

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by Team Taxcharcha01724
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CGST Rate NotificationGST

Notification No. 04/2019- Central Tax (Rate) dated 29.03.2019 – Seeks to amend notification No. 12/2017- Central Tax (Rate) so as to exempt certain services as recommended by Goods and Services Tax Council for real estate sector

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by Team Taxcharcha0466
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Income TaxRecent Case Laws

That the disallowance u/s 14A read with Rule 8D cannot exceed the actual exempt income received by the assessee during the year. We, therefore, set aside the order of the CIT(A) and direct the Assessing Officer – ITAT Delhi

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    [docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/03/ITAT-Delhi-28.03_03-1.odt” comments=”true” SVG=”true”]   To Download, Mahagun India pvt. Ltd...
Income TaxRecent Case Laws

As the assessee is regularly following the accounting practice of making provision on year to year basis on the basis of the performance of the employees and the same is definite and accured liability of the assessee for the year for which the services have been rendered by the employees and the same partakes the character of the salary and hence cannot be disallowed. – ITAT Delhi

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    [docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/03/ITAT-Delhi-28.03_03.odt” comments=”true” SVG=”true”]   To Download, TV Today Network Limited...
Income TaxRecent Case Laws

The provisions of Section 142(2C) did not preclude the exercise of jurisdiction and authority by the assessing officer to extend time for the submission of the audit report directed under sub-section (2A), without an application by the assessee. We hold and declare that the amendment was intended to remove an ambiguity and is clarificatory in nature – Supreme Court

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    [docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/03/Supreme-Court.odt” comments=”true” SVG=”true”] To Download, Commissioner of Income-tax, New Delhi) vs Ram Kishan Dass Civil Appeal Nos. 3211 to 3230 of 2019...
Income TaxRecent Case Laws

It is an undisputed fact that during the year the assessee did not earn any exempt income. The Hon’ble High Court of Delhi in the case of CHEM Invest Pvt. Ltd. Vs. CIT (supra) has clearly held that if there is no exempt income no disallowance can be made.- ITAT Delhi

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    [docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/03/ITAT-Delhi-23.03_03-1.odt” comments=”true” SVG=”true”]   To Download the complete order, 387 Del 2018...
Income TaxRecent Case Laws

It is irrelevant whether the assessee is a public sector undertaking. Unless specifically provided under law or intended by necessary implication under specific provisions of law, or held in binding judicial precedents; a public sector undertaking cannot legitimately claim a preferential treatment in determination of its tax liabilities.- ITAT Delhi

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Income TaxRecent Case Laws

Where the Ld. CIT(A) passed the order exparte due to non appearance by the assessee, the assessee is given one final opportunity of being heard and in case of adjournment, the CIT(A) can pass any order which e may deem fit under law. – ITAT Delhi

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by Team Taxcharcha0668
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI BEFORE SH. R.K PANDA, ACCOUNTANT MEMBER AND SH. KULDIP SINGH, JUDICIAL MEMBER ITANo.1757/Del/2019 AssessmentYear:2015-16...
Income TaxRecent Case Laws

Where the assessing officer made certain additions on the basis of the information provided by DGIT (Inv.) , Mumbai, the same holds valid- ITAT Mumbai

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    [docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/03/ITAT-Mumbai.odt” comments=”true” SVG=”true”] Since the information is provided by the DGIT(Inv) , Mumbai and the proceedings of escapement of income initiated on...
Income TaxRecent Case Laws

That the salary paid in the year of operation for the period before the commencement of the operation should not be disallowed- ITAT Delhi

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    [docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/03/ITAT-Delhi-2.odt” comments=”true” SVG=”true”] Since, the assessee is providing health care services before the commencement of its super speciality hospital “Medanta”, the salary...