contention

The Income-tax Appellate Tribunal, Mumbai in the case of Mrs. Bakhtawar B Dubash v. DCIT, Mumbai (ITA No. 403 1/Mum/03), Mrs. Sudha D Dubash v. DCIT, Mumbai ( ITA No. 4032/Mum/03) has held that an amount disallowed in the hands of the Company for corporate tax purposes, should not be taxed again in the hands of its Director as the same amount cannot be taxed twice. Full Article

Learned Chartered Accountant submits that the excess amount paid in the subsequent period may be treated as mere deposit which can be adjusted against the earlier short payment and it may be paid alongwith interest. I am unable to accept the contention of the learned Chartered Accountant. The assessee paid the service tax of excess amount against the taxable service which cannot be treated as mere deposit. Therefore, such adjustment is contrary to the provisions of Rule .. Full Article

The services/activities provided by the American Institute to DRDO pursuant to the agreement entered into between FICCI and the American Institute do not fall within the purview of Article 12(4)(b) of the Indo-US DTAA and the payments received by the Institute under the agreement are not liable to be taxed as fees for technical services under the domestic law; consequently, FICCI is not required to deduct tax under section 195 for payments made by it to the American Inst.. Full Article

Custodial violence is a dark reality in our democratic country governed by “Rule of Law”. There are many instances when it has been examined that how torture is inflicted or who are the guilty persons or who get what compensation in cases of custodial violence. However, very few attempts have been made as to analyse the reasons of custodial violence. This paper is a humble attempt to analyse the reasons of custodial violence, and in this process will attempt to quest.. Full Article

CASE LAW DETAILS Decided by: Delhi High Court, In The case of: Commissioner Of Income Tax Vs. Db (India) Securities Ltd., Appeal No.: ITA No. 415/2007, Order Dated: 02.07.2009. SUMMARY OF CASE LAW The assessee, a broker, purchased shares of the value of Rs.1,06,10,247 on behalf of its sub-broker. The sub-broker made payment of Rs.64 [...] Full Article

CASE LAW DETAILS Decided by: ITAT, AHMEDABAD `A’ BENCH, In The case of: Ramjibhai P. Chaudhry  v. DCIT, appeal No. :IT (SS) A. No. 324/Ahd./2004, Decided on: July 31, 2008 RELEVENT PARAGRAPH 3. The briefly stated facts are that that the assessee and his two other relatives Shri Ramjibhai Prabhudas and Shri Bhagubhai Valjibhai invested a sum [...] Full Article

The income-tax department has the right to carry out a raid and attach property, if it has reason to suspect that income is likely to escape tax net in absence of prompt action, a division bench of the Bombay High Court has ruled. The division bench, comprising Justice Ranajana Desai and Justice JP Deodhar, passed [...] Full Article

CASE LAW DETAILS Decided by: ITAT, INDORE BENCH, INDORE, In The case of: J. C. Bansal v. TRO, Appeal No. : ITA Nos. 115 to 117/Ind/2005, Decided on: May 23, 2008  RELEVENT PARAGRAPH  20. On examination of the license agreement and schedule attached with the same, we find that entire factory building along with plant [...] Full Article