high court judgments - Page 30

Purchase tax cannot be levied on stock transfer from one State to another for eventual export of goods as it is sale in the course of export

A.B. Mauri India (P.) Ltd. Vs. Deputy Commercial Tax Officer, Ranigunz Circle, Hyderabad [(2016) 65 taxmann.com 135 (Andhra Pradesh)]

The Hon’ble High Court of Andhra Pradesh held that as long as the chillies were transferred from Secunderabad branch to Cochin branch, which had been exported and the conditions enumerated in Section 5(1) of the CST Act are satisfied...

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Assessee cannot be asked to reverse input tax credit due to non-payment of taxes by selling dealer

Sri Lakshmi Textiles Vs. the Commissioner of Commercial Taxes And Others [2016 (1) TMI 329 - MADRAS HIGH COURT]

The Hon’ble High Court of Madras relied upon the decision in the case of Sri Vinayaga Agencies Vs. the Assistant Commissioner (Ct), Chennai and another [(2013) 60 VST 283 (Mad)] and held that when the fact of Petitioner paying the taxes to his supplier is not under dispute, the Petitioner cannot be compelled to reverse the input tax Cre...

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Services by way of hiring of vehicles to be used by employees for their movement within refinery premises or for outward travelling in connection with business, eligible for input service credit

Principal Commissioner Vs. Essar Oil Ltd.

Essar Oil Ltd. (the Respondent) has availed Cenvat credit of Service tax paid on various services, such as 'Rent-a-Cab', 'Tour Operators', and 'Travel Agent' hired by them (the Impugned input services) which were used by their employees for their movement within the refinery premises or for outward travelling in connection with business....

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Receipts as per maintenance agreement not in nature of rental income, assessable as income from other sources

Abhishek Govil & Somya Salwan Vs CIT (Delhi High Court)

Delhi High Court held In the case of Abhishek Govil & Somya Salwan vs. CIT that the maintenance agreements expressly referred to the payments in question as “Maintenance and service charges”. A plain reading of the agreements also indicates that the said charges were payable as consideration for providing services mentioned therein....

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Charges of prosecution for false statement during search not sustainable, where statement recorded without Oath

ADIT Vs Sh. Dhan Singh Sharma (Punjab and Haryana High Court)

Punjab and Haryana High Court held In the case of ADIT vs. Sh. Dhan Singh Sharma that ld counsel for the applicant admitted at the time of arguments that statement was re-started after some time on the same day....

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Women can be Karta of HUF: Delhi High Court

Mrs. Sujata Sharma Vs Shri Manu Gupta (Delhi High Court)

In a judgment that is expected to have far reaching ramifications, the Delhi High Court has ruled that a female member of a Hindu Undivided Family can also be the ‘karta’. Falling prey to the patriarchal system, this role of leadership has been traditionally inherited by men of the household....

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Kerala HC stays Retrospective Provisions of Payment of Bonus (Amendment) Act, 2015

United Planters Association of Southern India Vs UOI (Kerala High Court)

Hon'ble Kerala High Court in the case of The United Planters Association of Southern India Vs. Union of India, Stayed the Operation and Implementation of Payment of Bonus (Amendment) Act, 2015 to the extent the same gives retrospective from 01.04.2014...

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Transfer of Indian company Shares by a holding Company to another holding Company results in disallowance of B/F losses

YUM Restaurants (India) Pvt. Ltd. Vs ITO (Delhi High Court)

Delhi High Court held in case of Yum Restaurants (India) Pvt. Ltd vs. ITO upheld the order of Delhi ITAT and held that under Section 79 of the Act the set off and carry forward of loss, which is otherwise available under the provisions of Chapter VI,...

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AO issuing original assessment order can only initiate reopening proceedings

Dushyant Kumar Jain Vs DCIT (Delhi High Court)

Delhi High Court held In the case of Dushyant Kumar Jain vs. DCIT held that it is only the AO who has issued the original assessment order under Section 143 (3) ,who is empowered to exercise powers under Section 147/148 to re-open the assessment....

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Piercing corporate veil to identify beneficial ownership u/s 79 not permitted: HC

YUM Restaurants (India) Pvt. Ltd. Vs ITO (Delhi High Court)

Delhi High Court held In the case of YUM Restaurants (India) Pvt. Ltd. vs. ITO that both entities i.e Yum Asia and Yum Singapore which hold the shares of assessee, Yum India, for pre and post restructuring period respectively, were distinct entities....

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