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The Bombay High Court has determined that an assessee should not face penalties for delays in the submission of their tax return attributable to the late guidance provided by their chartered accountant. The bench mentioned that the delay is not because of any negligence on the taxpayer’s end but due to insufficient suggestions via the […]
An assessment order against a homemaker has been set aside by the Ahmedabad Bench of the Income Tax Appellate Tribunal, which directed the assessing officer to conduct a fresh trial after providing a fair opportunity of being heard. As per the tribunal, the taxpayer did not receive natural justice as she had not obtained proper […]
No service tax is to be imposed on hostel fees received for non-residential courses conducted by the coaching institute, the Kolkata Bench of the CESTAT has held. The Bench of Ashok Jindal (Judicial Member) and K. Anpazhakan (Technical Member) has cited that “the stand-alone hostel charges collected for non-residential courses, have no connection with Commercial […]
The Himachal Pradesh High Court ruled that the Assessing Officer cannot issue a notice under Section 148 of the Income Tax Act, 1961, for initiating reassessment proceedings without providing valid reasons. “Section 148 enables the Assessing Officer to initiate reassessment proceedings where income chargeable to tax is believed to have escaped assessment”. Justice Tarlok Singh […]
Income Tax Appellate Tribunal (ITAT), Mumbai, in a decision, has ruled that a new flat value received in a redevelopment project could not be levied to tax as Income from Other Sources’ u/s 56(2)(x) of the Income Tax Act. Increasing project redevelopment has been seen in Mumbai. Over 31,000 redevelopment projects had been approved as […]
The Pune Bench of the Income Tax Appellate Tribunal (ITAT) condoned a delay of 38 days in filing an appeal, attributing the delay to a change in the taxpayers’ tax consultant. The taxpayer Sujit Arun Taware does not submit an Income return for the assessment year 2014-15. On the grounds of the data obtained via […]
The Madras High Court Single Bench of Justice K Kumaresh Babu in a decision mentioned that the act of availing a Goods and Services Tax (GST) registration and paying tax dues post inspection could not be cited as voluntary, keeping the levying of penalty on the GST taxpayer. The writ petition was furnished contesting the […]
It was mentioned by the Andhra Pradesh High Court that the supply of solar-generating power stations is a composite supply and does not constitute a works contract. Additionally, since it is considered a movable asset, it is subject to a 5% GST. The Division Bench of Justices R Raghunandan Rao and Maheswara Rao Kuncheam noted […]
Mobile/ telecommunication towers are movable properties, eligible for taking input tax credit under the Central Goods and Services Tax Act, 2017, the Delhi High Court ruled. A division bench of Justices Yashwant Varma and Girish Kathpalia carried that the telecom towers do not come under Section 17(5) of the CGST Act which sets out distinct […]
