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Important : Restricting the scope of LLP activities

Important : Restricting the scope of LLP activities

Raipur : Jewellery Businessmen filed complain against Income Tax Officer

Raipur : Jewellery Businessmen filed complain against Income Tax Officer

Rectification petition filed beyond the time limit set out in s. 254(2) is liable to be dismissed being time barred.

Rectification petition filed beyond the time limit set out in s. 254(2) is liable to be dismissed being time barred.

Assumption of revisional jurisdiction by CIT u/s 263 without pointing out exact error committed by AO and directed AO to make detailed and roving enquires is unsustainable in law.

Assumption of revisional jurisdiction by CIT u/s 263 without pointing out exact error committed by AO and directed AO to make detailed and roving enquires is unsustainable in law.

Whether GST paid along with Insurance premium is also eligible for deduction u/s 80C & 80D ?

Whether GST paid along with Insurance premium is also eligible for deduction u/s 80C & 80D ?

Bogus Share Premium: No reason to interfere. SLP dismissed by SC

Bogus Share Premium: No reason to interfere. SLP dismissed by SC

CBDT extends due date for filing of report in respect of International group of subsidiaries of USA residents

CBDT extends due date for filing of report in respect of International group of subsidiaries of USA residents

New functionality in GST Portal

New functionality in GST Portal

Bank audit Special - RBI Enforcement on Statutory Auditors

Bank audit Special – RBI Enforcement on Statutory Auditors

Nice representation by ICSI on dormant companies, Details of Auditor filing.

Nice representation by ICSI on dormant companies, Details of Auditor filing.

GSTR- 1 & GSTR -7 returns date Extended.

Lucknow: 2100 sale deeds done without TDS – Recovery proceeding to be commenced

Deemed dividend could only have been assessed in the hands of a person who was shareholder of lender company

Beneficial Judgement- Deemed dividend could only have been assessed in the hands of a person who was shareholder of lender company

[2019] 104 taxmann.com 59 (Bombay) IT : Once Commissioner (Appeals) had passed order after verification of merit of claim of expenditure and depreciation, Tribunal was not right in law in reversing said conclusion without examining its correctness Section 254 of the Income-tax Act, 1961 - Appellate Tribunal - Orders of (Non-speaking orders) - Assessment year 2006-07 - Assessing Officer passed an order of reassessment, in which, additions were made by disallowing assessee-company's claim of expenditure as well as claim of depreciation - On appeal, Commissioner (Appeals) allowed both claims after verifying merit of claims - Commissioner (Appeals) found that in another year in assessee's own case Tribunal allowed depreciation on ground that assets were ready to use though assessee could not commence commercial production due to lack of working capital - Commissioner (Appeals) also found that Assessing Officer had changed its opinion from earlier Assessing Officer and disallowed impugned amounts - Whether Tribunal was not right in law in merely reversing order of Commissioner (Appeals) without any discussion or even any conclusion justifying of additions made by Assessing Officer - Held, yes Shirpur Gold Refinery Ltd.

ITAT couldn’t reverse order of CIT(A) without examining correctness of additions made by AO

Sum received by partner on retirement from firm isn't chargeable to tax in hands of partner

Sum received by partner on retirement from firm isn’t chargeable to tax in hands of partner

Reassessment notice held bad in law as it was sanctioned by CIT on ground which was different from the ground of AO

Reassessment notice held bad in law as it was sanctioned by CIT on ground which was different from the ground of AO

Beware : Once the cash was deposited into bank account of assessee, primary onus was on assessee to prove how the said cash was sourced to avoid as unexplained amount

Beware : Once the cash was deposited into bank account of assessee, primary onus was on assessee to prove how the said cash was sourced to avoid as unexplained amount

AAR, Madhya Pradesh: Healthcare services provided by a person other than clinical establishment do not qualify for the exemption under GST.(J C Genetic India (P.) Ltd.) The Applicant is a Healthcare company and has collaborated with diagnostic companies, certified to provide advance tests that help in the prevention and management of various health disorders. The Applicant filed an application for advance ruling to determine whether the Applicant qualifies to be ‘Clinical Establishment’ and whether healthcare services provided by it are exempt as per the exemption notification under GST? The Authority for Advance Rulings, Madhya Pradesh observed that the Applicant has a collaboration with diagnostic companies authorized by NABL (National Accreditation Board for Testing and Calibration Laboratories) and DSIR (Department of Scientific and Industrial Research) which itself indicates that the Applicant does not have its own authority for giving clear report or opinion of its own, for the tests conducted and certified by NABL. *As per the exemption notification, ‘Clinical Establishment’ means a hospital, nursing home or any other institution that offers services or facilities requiring diagnosis or treatment for illness either as an independent entity or as a part of an establishment. Hence, mere involvement in sophisticated testing would not be sufficient to qualify as a ‘Clinical Establishment’.* The Authority for Advance Rulings, Madhya Pradesh held that the Applicant is functioning as a sub-contractor to the diagnostic companies and not as a ‘Clinical Establishment’ and, hence, healthcare services provided by it, are not exempt as per the exemption notification under GST.

Healthcare services provided by a person other than clinical establishment do not qualify for the exemption under GST.(J C Genetic India (P.) Ltd.): AAR

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This is an online news portal for tax news, updates, articles, judgments, Circulars, Notification and orders with regards to Indian Taxation Laws. ‘Simplifying the TAX & creating awareness about tax laws is the main motto of the Team theTAXTALK.

Recent Posts

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  • Suspicion Alone Cannot Justify Income Tax Additions: Supreme Court Upholds Deletion of ₹16.61 Crore Alleged Unaccounted Sales
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  • Breaking News: Supreme Court Upholds Gujarat High Court Verdict – No GST on Transfer of Long-Term Leasehold Rights of Industrial Plots

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