high court judgments

  • May
  • 11

No Penalty on tax liability which is based on decision not available at the time of filing ROI

The    revenue authorities had imposed penalty on the ground that deduction under section 80HHC of the Act was   wrongly claimed. The Tribunal however, deleted  such penalty. The Tribunal noted that    tax liability against the assessee was confirmed on the basis of the decision of the Apex Court in the case of  CIT v. Ravindranathan Nair, [...]

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  • May
  • 10

Purchase not bogus for mere non appearance of suppliers before AO

In our view, merely because the suppliers have not appeared before the Assessing Officer or the CIT(A), one cannot conclude that the purchases were not made by the respondent-assessee.

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  • May
  • 08

Property can be sold on GPA and Agreement to Sell – HC

Supreme Court in Suraj Lamp and Industries (P) Ltd. (2) vs State of Haryana reported has not said that in no case a conveyance can be registered by taking recourse to a GPA.

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  • May
  • 07

Scam Commission Payment Is Allowable Deduction -HC

The assessee has made payment for commission and has been rendered services in consideration of the same. As a matter of fact, it is not even revenue’s case that no services have been rendered at all.

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  • May
  • 06

Amount received on execution of a will of deceased relative cannot be considered as income

It is apparent that the assessee received the said sum of Rs. 1,05,00,000/- as inheritance from her father. This would become clear from the fact that late Sh. A P Bajaj had clearly indicated in his Will that in case the property is sold, 30% of the sale proceeds would be given to the assessee. [...]

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  • May
  • 05

CBEC circular on recovery of dues during pendency of stay application is within power of Board

Section 37 of the Central Excise Act, 1944 is a rule making power of the Government. Sub-section (1) of section 37 provides that the Central Government may make rules to carry into effect the purposes of the Act. Sub-section (2) of section 37 provides that in particular and without prejudice to the generality of the [...]

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  • May
  • 05

Incentive for promotion of capital investment is capital receipt

Incentive scheme was framed as a part of Government’s initiative to encourage modernization of existing industries in under-developed areas. The main purpose of the scheme was to accelerate the industrial development and to disperse industries to under-developed areas as well as to provide additional employment.

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  • May
  • 05

Partnership deed can be rectified with retrospective effect

The partnership is governed under the provisions the Indian Partnership Act, 1932. Section-4 defines partnership as “Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all”. Section-5 provides that the relation of the partnership may be reduced in [...]

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  • May
  • 05

Ownership of land not must to be eligible for deduction u/s. 80-IB(10)

Tribunal relying on its decision in case of Radhe Developers v. ITO [2008] 23 SOT 420 (Ahd.) held that respondent assessee would be eligible for deduction under section 80-IB(10) of the Act on the housing project development though the assessee may not be the owner of the land.

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  • May
  • 05

If assessee exonerated, on merits, criminal prosecution on same issue cannot be allowed to continue

Although there is no automatic closure or quashing of the criminal complaint, in the event, there is a favourable verdict in the departmental or the adjudicatory proceedings in favour of an accused but in case the adjudicatory proceedings culminate into a favourable order in favour of the accused on merits and the criminal complaint is [...]

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