All High Courts

Nomination not amounts to Will: Delhi HC

Rampali Vs The State Govt. Of Nct of Delhi & Ors. (Delhi High Court)

In view of the settled legal position that nomination is not a Will, and in the absence of the any Will only those persons who are legal heirs under the Hindu Succession Act inherit the properties....

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Levy of Bihar Entry Tax Act & Interest on Late Payment of Entry Tax is constitutional: HC

M/s Indian Oil Corporation Ltd. Vs State of Bihar (Patna High Court)

(i) Whether the second proviso to Section 3(2) of the Entry Tax Act is ultra vires to the Constitution? (ii) Whether interest can be levied in the matter of late payment of entry tax under the Entry Tax Act, by virtue of the provisions of the Bihar Finance Act, and, with the aid of Section 8 of the Entry Tax Act?...

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Section 80(5) & 4th Proviso to S. 10B(1) are constitutionally valid: HC

M/s Nath Brothers Exim International Ltd. Vs Union of India & Anr. (Delhi High Court)

Section 10B(1) of the Act, gives numerous benefits to the assessees and the fourth proviso does nothing but requires compliance of the time line provided in Section 139(1) of the Act for claiming the benefit of Section 10B(1)....

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Assesse must satisfy the appellate authority that ground now raised was bona fide and could not have been raised earlier for good reasons

M/s. Ultratech Cement Ltd. Vs Additional Commissioner of  Income Tax (Bombay High Court)

We note that it is an undisputed position before us that for the subject assessment year, the appellant assessee had not claimed benefit of Section 80IA of the Act in respect of its Jetty / Port either before the Assessing Officer or before the CIT(A)....

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CBDT cannot reject compounding of offense application for inordinate delay or non payment of fee in advance

Vikram Singh Vs Union of India & Ors. (Delhi High Court)

CBDT cannot arrogate to itself, on the strength of Section 279 of the Act or the Explanation thereunder, the power to insist on a 'pre-deposit' of sorts of the compounding fee even without considering the application for compounding....

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Interest Tax on interest on securities / head office investment a/c not applicable before 14.3.1995

CIT Vs M/s H.P. State Co-operative Bank Ltd (Himachal Pradesh High Court at Shimla)

Interest on securities and interest on head office investment account was made chargeable pursuant to Board’s instructions No. 1923 dated 14.3.1995 and as such, this Court sees no occasion for assessee Bank to declare same in its profit and loss account, wherein it had declared interest of Rs. 39.98 Crores, on approved securities for th...

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Expense can be claimed despite stay against the same by court

National Agricultural Co- Operative Marketing Federation of India Ltd. Vs CIT (Delhi High Court)

order which has been stayed would not be operative from the date of the passing of the stay order and it does not mean that the said order has been wiped out from existence....

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FBT leviable on expense on Sales Promotion, Free Samples, Gift etc

Gujarat Chamber of Commerce & Industry Vs Union of India thro' secretary (Gujarat High Court)

When the language of Section 115WA and 115WB is clear and unambiguous and even the intention of the legislature while enacting sections 115WA and 115WB(2) is very clear i.e. with respect to the deemed fringe benefits, neither there is any scope for either literal and/ or purposive interpretation nor there is any occasion to consider the i...

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Sec 40(a)(ia) amendment extending TDS payment due date U/s. 139(1) is Retrospective

The Commissioner of Income Tax­ Vs Shraddha & S S Kale, Joint Venture (Bombay High Court)

Amendment to Section 40 (a)(ia) of the Act by Finance Act, 2010 is retrospective with effect from 1st April, 2005 as held by various High Courts....

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UP VAT Registration cannot be denied for mere wrong Input Tax Credit claim

Sevak Enterprises Vs Commissioner, Commercial Tax (Allahabad High Court)

Justice Ashwani Kumar Mishra of Allahabad High Court held that, wrongful claim of Input Tax Credit (ITC) would not constitute sufficient ground for cancellation of registration of a dealer under UP Value Added Tax Act....

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