In Bombardier Transportation India Pvt. Ltd. v Dy. DIT (TDS) (2023)455 ITR 278 / 149 taxmann.com 460 (Guj)( HC) for delay in granting refund pursuant to order of Tribunal which is affirmed by High Court . The assessee is entitled to refund with interest and additional interest. Court directed to comply the direction within three… (read more)

The construction services in case of sale of flats are covered by entry 3 of notification 11/2017-Central Tax (R) dt.28.6.2017. The said entry and clarificatory note below the said notification are as under: “Slno.Chapter section or heading Description of service Rate (per cent) Condition 3. 9 Heading 9954 (i) Construction of a complex, building, civil… (read more)

The facts are not clear . I presume that the shipping business of Non -Residents are assessed under section. 172 of the Act then the provisions of 194C & 195 of the IT Act have no application in respect of payments made towards freights to foreign companies. The assessee has to show that the shipping… (read more)

You have a fundamental right to approach the Court. Constitution of India , gives right to every citizen of India to approach High Court .You may file a writ before the High Court . You may not get the reimbursement of expenses incurred . Whether the case fall under the category of fraud , is… (read more)

The question is not clear . The Courts have held that , the provision of section 148 is not benefit of the assessee. Refer , CIT v. Sun Engineering Works (P) Ltd ( 1992 ) 198 ITR 297 ( SC), K.Sudhakr S.Shanbhag v. ITO ( 2000) 241 ITR 865 ( Bom)( HC), CIT v. Caixa… (read more)

Please refer section 253 (1)(d), as per the provision order passed in pursuance of the directions of the Dispute Resolution Panel an appeal has to be filed to the Appellate Tribunal .The assessee has to file an appeal before the Appellate Tribunal. (read more)

The date of the retirement of the partners is necessary to understand the implications of section 9B and amended section 45(4) of the Act. Otherwise, if the transactions are before April 01, 2020, the erstwhile law will prevail. (read more)

One has to read the object clause of the Charitable trust . One can spend the amount only if the object clause permits to be spent . (read more)

The CPC is not justified in allowing the proportionate credit . The assesee can rely on section 198 which treats the tax deducted is income received . The assessee can make an application under section 154 of the Act and also application under section 264 of the Act . In case application under section 264… (read more)