Monthly Archives: December 2015

25% is Business income in case of sale of coffee grown and cured by the seller

By | December 7, 2015

IN THE ITAT CHENNAI BENCH ‘D’ Income-tax Officer, Business Ward XIII (1), Chennai v. T.C. Abraham N.R.S. GANESAN, JUDICIAL MEMBER AND A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER IT APPEAL NO. 1132 (MDS.) OF 2013 [ASSESSMENT YEAR 2006-07] SEPTEMBER  18, 2015 Milind Madhukar Bhusari, CIT for the Appellant. Philip George, Adv. for the Respondent. ORDER N.R.S. Ganesan,… Read More »

Penalty for undisclosed income can be imposed under section 271AAA and not under Section 271(1)(c)

By | December 7, 2015

As per  Section 271AAA (3) No penalty under the provisions of clause (c) of sub-section (1) of section 271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1) of Section 271AAA. IN THE ITAT AHMEDABAD BENCH Dr. Naman A. Shastri v. Assistant Commissioner of Income-tax, Central Circle… Read More »

Place where cheque is delivered for collection will determine territorial jurisdiction: Supreme Court

By | December 6, 2015

SUPREME COURT OF INDIA Bridgestone India (P.) Ltd. v. Inderpal Singh JAGDISH SINGH KHEHAR AND R. BANUMATHI, JJ. CRIMINAL APPEAL NOS. 1557 & 1562 TO 1564 OF 2015 NOVEMBER  24, 2015 JUDGMENT Jagdish Singh Khehar, J. Criminal Appeal No.1557 of 2015 (Arising out of SLP(Crl.)No.7850 of 2011) 1. Leave granted. 2. Despite service, no one… Read More »

Milk shake and soft serve mix are milk products even if sweetener is added

By | December 6, 2015

SUPREME COURT OF INDIA Commissioner of Central Excise v. Amrit Food (A Division of Amrit Corporation Ltd.) A.K. SIKRI AND ROHINTON FALI NARIMAN, JJ. CIVIL APPEAL NO. 4337 OF 2006 SEPTEMBER  3, 2015 Ms. Nisha Bagchi, Ms. Binu Tamta, K. Parameshwar Nair, Ms. Pooja Sharma, and B. Krishna Prasad, Advs. for the Appellant. S. Ganesh,… Read More »

Milk-n-Nut are vegetable preparation and not sugar confectionery:SC

By | December 6, 2015

SUPREME COURT OF INDIA Commissioner of Central Excise, Indore v. S.K. Industries A.K. SIKRI AND ROHINTON FALI NARIMAN, JJ. CIVIL APPEAL NO. 5227 OF 2004 APRIL  13, 2015 ORDER 1. Respondents herein are engaged in the manufacture of Milk-n-Nut besides other products. It has been claiming the classification of the aforesaid product under Chapter Heading… Read More »

Agriculture meaning changed in GST

By | December 5, 2015

Meaning of agriculture as per  Service Tax :- As per Section 65 B (3) of Chapter V of the Finance Act, 1994 ( inserted (w.e.f. 1.7.2012) by s.143 of the Finance Act.. 2012 ( 23 of 2012) ) :- “agriculture” means the cultivation of plants and rearing of all life-forms of animals, except the rearing of horses, for food,… Read More »

Category: GST

Taxable person under GST

By | December 5, 2015

Model GST Law GOODS AND SERVICES TAX ACT, 2016 What is Person under GST ? Section 2(50) “person” includes— (a) an individual; (b) a Hindu undivided family; (c) a company; (d) a firm; (e) an association of persons or a body of individuals, whether incorporated or not, in India or outside India; (f) any corporation established… Read More »