Latest Statutes


The product Nano Rechargeable LED Torch Light is classifiable under Chapter Head 8513 presently attracting GST @18%--the product in the question will not be entitled to concessional rate of GST @5% as the same is not a Solar Based Device.

Prakash Chand Jain, In re

  Section 98 of MPGST Act, 2017   GST
Where the intention of assessee for purchase of the land was for resale and within a short period of time though the sale was only to the companies of which the assessee was a director, it was apparent that assessee was acting as an interface to purchase the lands from the land owners and then converted in non-agricultural use and sold to these companies who were in the business of real estate. Hence, properties sold were not excluded from the meaning of capital asset, as they were not agricultural land as defined by section 2(14).

Sunil Bansal v. Asstt. CIT

  Section 45   Direct Taxes
The claim of deduction under section 54EC could not be disallowed since assessee has demonstrated that non–investment in REC Bonds within the stipulated period was due to non–availability of bonds in the market.

Heatex Products (P) Ltd. v. Dy. CIT

  Section 54EC   Direct Taxes
Sanitation and similar services, classified under SAC 99945, includes sweeping and cleaning, but only with reference cleaning of a road or street. Cleaning of hospital premises is not, therefore, classified under Sanitation or similar service.

Altabur Rahaman Mollah, In re

  Section 100 of WBGST Act, 2017   GST
As firm envisaged payment to a outgoing partner on the basis that the partner would have rendered service during his tenure but could not enjoy the fruits thereof on account of the fact that the work having remained incomplete, the concerned client had not been billed for the work already done, payment to the partner would amount to diversion of income at source by overriding title. Thus, payment made to the legal heir of deceased partner would be an admissible expenditure for firm

Pr. CIT v. Wadia Ghandy & Co.

  Section 4   Direct Taxes
Where assessee had explained source of the cash deposit in the bank account by producing copies of the bills of sale of agricultural produce, which supported the explanation of assessee that assessee had received cash out of sale of agriculture produce, no addition under section 68 was warranted.

Naresh Kumar v. ITO

  Section 68   Direct Taxes
Since the unaccounted money as alleged by the AO was the loan, which was repaid subsequently by assessee, addition made on account of unverifiable unsecured loans was unjustified.

ITO v. Habitat Infrastructure Ltd.

  Section 68   Direct Taxes
Where an agricultural land which was cultivated by assessee for agricultural purposes, on being notified by the Government, the land was sold for industrial purposes, was not chargeable to tax as it was sale of agricultural land, irrespective of the fact that no agricultural income was shown by assessee because of the smallness of income.

ITO v. Meera Thapa Prop & Vice-Versa

  Section 2(14)(iii)   Direct Taxes
Mechanical Sprayers classifiable under Chapter head 8424 shall attract GST @12% with effect from 25-1-2018.

Ravi Masand, In re

  Section 98 of MPGST Act, 2017   GST
Receipt of capitation fee by educational institution and non-recording thereof by assessee, educational trust, in regular books of account was in total violation of section 13(1)(c) and, therefore, cancellation of registration under section 12AA was justified.

Prathyusha Educational Trust v. Asstt. CIT

  Section 12AA(3)   Direct Taxes
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