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high court judgments

Sale in course of import for Leasing Transactions: CST

Income Tax - In a recently pronounced judgment in the case of Hewlett Packard Financial Services vs The State of Karnataka, The Deputy Commissioner of Commercial Taxes (Audit) (‘Revenue’), the Karnataka High Court dealt with the issue relating to entitlement of VAT exemption by virtue of Section 5(2) of the Central Sales Tax Act, 1956 (‘CST Act...

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Recent case laws applicable to NGOs / Charitable Trusts

Income Tax - [2015] 55 taxmann.com 255 (SC) SUPREME COURT OF INDIA Queen’s Educational Society v. Commissioner of Income-tax *In favour of assessee Where a surplus was made by educational institution which was ploughed back for educational purposes, said institution was to be held to be existed solely for educational purpose and not for purpose ...

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Compilation of recent important Income-tax Rulings 2016

Income Tax - Sec 194J TDS inapplicable on payments in kind, allows relief to SRK company [Red Chillies Entertainment Pvt. Ltd - ITA No.5271/Mum/2013 (Mum)]: Mumbai ITAT deletes expense disallowance u/s 40(a)(ia) in case of Red Chillies Entertainment Pvt. Ltd. for AY 2010-11, holds no Sec 194J TDS for payments made in kind to actors; Relies on SC ru...

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Road ahead for Developers after Delhi High Court Judgement

Income Tax - All of us would have observed reports in the press, that the Hon’ble Delhi High Court has ruled on 3.6.2016, in the case of a writ petition, that in the case of a composite contract between a buyer of an apartment and the developer of the apartment, wherein the total value of the apartment includes the value of land also, no service tax...

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No Service tax on sale of under construction flats if contract price includes land value

Income Tax - Hon’ble High Court of Delhi held that no Service tax under Section 65(105)(zzzh) of the Finance Act to be levied on composite contract as there is no machinery provision for ascertaining the service element involved in the composite contract....

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Bombay HC bans mobile, cameras etc. inside Court Halls

Income Tax - All the parties/litigants and public at large are hereby informed that they shall not take mobile phones, cameras or audio/video recording devices and shall not record anything using them inside the Court Halls....

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HC bans adjournments for non-availability of papers or Counsel

Income Tax - Bombay High court in a notice informed that No adjournments will be granted on the ground that papers or counsel duly instructed are not available....

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TAR/ITR Due Date – Writ in Punjab & Haryana High Court

Income Tax - Vishal Garg & Ors. Vs. Union of India & Anr. (Punjab & Haryana High Court), CWP- 19770 -2015, Dated- 15.09.2015 High Court Directed CBDT to Extend due date of ITR from existing 30.09.2015 to 31st October 2015. Court also provided future guidelines for issuing forms. Check Link- Tar Audit/ ITR date extended to 31st October 2015...

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HC vacates stay on appearance of non advocates before VAT Authorities

Income Tax - On applications filed by the Institute of Chartered Accountants of India for impleadment and vacation of stay, the Hon’ble Lucknow Bench of Allahbad High Court has modified its order dated 6th August, 2014 vide its order dated 20.08.2014 and consequently Chartered Accountants and non advocates would continue to be permitted to appear be...

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Advocates only can appear before Income Tax Authorities

Income Tax - In a very interesting move which may not be a good news for practicing CA, CS, CMA etc. who are engaged in practice in the area of Law and taxation,  Rajasthan Tax Bar Association have filed a petition before  Chief Commissioner of Income Tax (CCIT), Rajasthan and urged him  to not to allow any one […]...

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Assessment cannot be made merely on the basis of a statement recorded u/s 133A

Kottakkal Wood Complex vs. DCIT (Kerala High Court) - Aassessment order itself reveals that the Revenue has placed reliance on the proceedings initiated against the appellant for imposition of penalty under Section 67 of the KVAT Act based on an inspection held on 17.08.2006. It is seen that the Revenue relied on letter dated 18.09.2007 issued by V. Ah...

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Slump sale in case of exclusion of some asset out of sale transaction for buyers convinience

Triune Projects Pvt. Ltd Vs DCIT (Delhi High Court) - The fact that certain assets of undertaking are left out of sale transaction because it would cause inconvenience for purchaser does not mean that transaction is not a slump sale...

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Sec 14A r.w. rule 8D not applies if assessee has kept shares as stock in trade

CIT Vs M/s. G K K Capital Markets (P) Limited (Calcutta High Court) - Assessing Officer had treated the claim of long term capital gain as business income. The assessee did not object to that. In such situation there could be no application of Section 14A for disallowance of expenditure incurred to earn exempt income....

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Non-Service of notice U/s. 143(2) at correct address of assesse within prescribed time limit makes notice invalid

CIT Vs Abacus Distribution Systems (India)Pvt. Ltd. (Bombay High Court) - This Appeal under Section 260-­A of the Income Tax Act, 1961 (the Bombay Act) challengesthe order dated 6th December, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order is in respect of Assessment Year 2006­-07....

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Salary of non-resident for services rendered abroad is not taxable in India

Utanka Roy Vs DIT (Calcutta High Court) - It is not disputed that the petitioner as a marine engineer had rendered services outside India for the period of 286 days. He has received his remuneration for such work from a foreign company. Consequently, the income received by the petitioner for services rendered outside India has to be conside...

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Commercial rights in the nature of intangible assets eligible for depreciation

I.T.A. No. 496/Delhi/2014 - (15/04/2015) - A reading of the agreement between STL and the assessee clarifies that a specific amount, i.e., Rs.9 Crores was paid by the assessee to the transferor who owned commercial rights towards the network and the facilities. The consideration was a specific value but for which the network would not have b...

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EPF & MP Act, 1952 applicable to 'rusk' manufacturing industries

LC-4/5/13/judgement/pt.11227 - (07/08/2014) - The petitioner establishment contended that since manufacturing of 'rusk' is not mentioned in Schedule 1 to the Act, therefore the EPF & MP Act, 1952 is not applicable to them....

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Norms & Procedure For Designation Of Advocates As Senior Advocates

Notification No. 298/2013 - Income Tax - (24/10/2013) - Notification No. 298/2013 - Income Tax (1) Fifteen years standing at the Bar. In calculating the 15 years standing at the Bar, services rendered as Judicial Officer shall be taken into consideration; (2) Annual declared gross income from profession should not be less than Rs.7,00,000/- for the past...

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EPF – Mere filing of appeal without obtaining any relief from the Appellate authority shall not preclude or prohibit the authorities to proceed further in the matter for recovery of the amount

NA - (01/08/2011) - EPFO Vs. Rollwell In the absence of any specific provision in the Act prohibiting or restraining the authorities from taking any further action of recovery of the amount due and payable by the employer, it is always permissible for the authorities to proceed ahead without waiting for the expiry of ...

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Conveyance & Special allowance to be included in definition of basic wages for PF Calculation

NA - (28/06/2011) - Montage Enterprises Pvt. Ltd versus Employees Provident Fund - 1. Conveyance allowance is included in the definition of basic wages because it is universally, necessarily and ordinarily paid to all across the board. 2. Special allowance is included in the basic wages since it is paid to all the work...

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high court judgments’s Popular Posts

Recent Posts in "high court judgments"

Assessment cannot be made merely on the basis of a statement recorded u/s 133A

Kottakkal Wood Complex vs. DCIT (Kerala High Court)

Aassessment order itself reveals that the Revenue has placed reliance on the proceedings initiated against the appellant for imposition of penalty under Section 67 of the KVAT Act based on an inspection held on 17.08.2006. It is seen that the Revenue relied on letter dated 18.09.2007 issued by V. Ahammed to the Assistant Director of [&hel...

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Slump sale in case of exclusion of some asset out of sale transaction for buyers convinience

Triune Projects Pvt. Ltd Vs DCIT (Delhi High Court)

The fact that certain assets of undertaking are left out of sale transaction because it would cause inconvenience for purchaser does not mean that transaction is not a slump sale...

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Sec 14A r.w. rule 8D not applies if assessee has kept shares as stock in trade

CIT Vs M/s. G K K Capital Markets (P) Limited (Calcutta High Court)

Assessing Officer had treated the claim of long term capital gain as business income. The assessee did not object to that. In such situation there could be no application of Section 14A for disallowance of expenditure incurred to earn exempt income....

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Non-Service of notice U/s. 143(2) at correct address of assesse within prescribed time limit makes notice invalid

CIT Vs Abacus Distribution Systems (India)Pvt. Ltd. (Bombay High Court)

This Appeal under Section 260-­A of the Income Tax Act, 1961 (the Bombay Act) challengesthe order dated 6th December, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order is in respect of Assessment Year 2006­-07....

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Salary of non-resident for services rendered abroad is not taxable in India

Utanka Roy Vs DIT (Calcutta High Court)

It is not disputed that the petitioner as a marine engineer had rendered services outside India for the period of 286 days. He has received his remuneration for such work from a foreign company. Consequently, the income received by the petitioner for services rendered outside India has to be considered as income received out of India and ...

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Mere surplus generation not fatal to exemption u/s 10(23C)(vi)(via)/ 80G if same is utilized for charitable purposes

CIT Vs. Gulab Devi Memorial Hospital (Punjab & Haryana High Court)

In this case Punjab & Haryana High Court upheld the The law laid down in Visvesvaraya Technological University vs. ACIT 384 ITR 37 (SC)  that  generation of surplus is not fatal to the grant of exemption under section 10(23C)(vi)(via)/ 80G of Income Tax Act, 1961 if such surplus is utilized for charitable purposes. In this […...

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Sec 10(15)(iv)(c) benefit cannot be denied for lesser loan availment

M/s Tej Quebcor rinting ltd. Vs JCIT (Delhi High Court)

A plain reading of Section 10(15)(iv)(c) clearly bears the fact that its approval of the Central Government which is necessary – not with respect to the transaction per se but with regard to the rate of interest....

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Tractors cannot be treated as motor vehicle under Gujarat Entry / VAT Tax

Tractors and Farm Equipments ltd Vs State of Gujarat (Gujarat high Court at Ahmedabad)

Levy of Entry Tax at the rate of 15% treating Tractors as motor vehicles and/or at par with the motor vehicles is hereby held to be illegal, discriminatory, violative of Article 304(a) of the Constitution of India and against the object and purpose of the levy of Entry Tax under the Entry Tax Act....

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No interest U/s. 201(1A) if deductee returned losses for relevant year

CIT (TDS) Vs M/S Sahara India Commercial Corpn.  Ltd. (Allahabad High Court)

No interest under Section 201(1A) of Act, 1961 could have been recovered from alleged Assessee in default for the reason that interest could have been charged for the period when TDS fell due and actual amount of tax is paid by recipient ­Assessee. ...

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Addition not warranted for low profit due to application of revised AS 7

Principal CIT (Central) Vs M/s A2Z Maintenanc & Engineering Services Ltd, (Delhi High Court)

his Court in Paras Buildtech India Pvt. Ltd. v. Commissioner of Income Tax (2016) 382 ITR 630 (Del) had noted that this method is a known and recognised method of accounting, and was approved as a proper one. The Court had also relied on CIT v. Bilahari Investment Pvt. Ltd. (2008) 299 ITR 1 (SC)....

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