high court judgments - Page 5

Activity of Mere Hiring of Machineries and Equipments does not attract TDS: Allahabad HC

CIT­ Vs M/S Jai Prakash Enterprises Ltd. (Allahabad High Court)

Taking of machinery and equipment on hire would not amount to a contract for carrying out any work as contemplated in section 194C of Act.The said contract i.e. taking of machinery and equipment on hire also cannot be treated with a contract for supply of labour. ...

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Royalty is revenue expense if no right after License termination to Assessee

CIT Vs. H-One India Pvt. Ltd. ( Allahabad High Court)

Royalty and fee for technical assistance are revenue in nature if upon license termination rights created in favour of assessee gets extinguished....

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No Work No Pay- Even for the period of termination: Bombay HC

Mohan Moreshwar Agashe Vs Managing Director (Bombay High Court)

By this Writ Petition, under Article 226 of the Constitution of India the Petitioner inter alia prays for issuance of a Writ of Mandamus calling for the record and files in respect of the service of the Petitioner from the office of the Respondents and after perusal of the same to declare the letters dated 30th October, 2012...

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Notional rent on security deposit cannot be considered to calculate annual value

Commissioner of Income Tax Vs. Jubiliant Enterprises Pvt. Ltd. (Bombay High Court)

Assessing Officer to delete the 12% interest charged by him, on the interest free deposit received by the assessee, to determine the ALV of the rented property ignoring the well settled judicial principle that what is important is the real nature of transactions in the relied on case supra and not the facts?...

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A person other than member or creditor can also challenge Company Name striking off

Rishima SA Investments LLC Vs Registrar of Companies, West Bengal & Ors. (Calcutta High Court)

Is a person, not being a member or a creditor or the company itself, entitled to challenge the striking off of the name of the company under Section 560 of the Companies Act, 1956? Does the petitioner have the locus standi to file and maintain the present writ petition?...

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View taken in earlier years cannot be changed unless change in facts and /or in law

CIT­ Vs Mohan Vallabhdas Bhatiya (Bombay High Court)

In view of the fact that the Revenue has been consistently taking a view that the income earned on investments is taxable under the head capital gains no difference in facts and /or in law has been pointed out to take a different view for the subject Assessment Year...

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HC bans CA for issuing wrong Share Application Money Certificate

Council of ICAI Vs kailash Chander Agarwal & ANR. (Delhi High Court)

Proceeding to take cognizance of a report submitted by SEBI the Council of the Institute of Chartered Accountants constituted a Disciplinary Committee, forming a prima-facie opinion that the respondent was guilty of professional misconduct. Proceedings were initiated by the Disciplinary Committee. ...

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Block Assessment: Additions not based on Incriminating Material found during search is not valid

Commr.Of Income Tax, Delhi (Central-I) Vs. Pinaki Misra & Anr (Delhi High Court)

On the question of law presently before the court, the primary consideration is whether the AO had the jurisdiction to make the additions to the assessment under section 158BC of the Act. To analyze this, it is necessary to address the grounds of each such addition made, and assess if the AO had jurisdiction in conducting the block assess...

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Trustees cannot be assessed in personal capacity if Beneficiary share is determinable

CIT Vs M/S. India Advantage Fund-VII (Karnataka High Court)

Once the shares of the beneficiaries are found to be determinable, the income is to be taxed of that respective sharer or the beneficiaries in the hands of the beneficiary and not in the hands of the Trustees which has already been shown in the present case....

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No Interest on Sales Tax Refund during Pendency of Re-Assessment Proceedings under Orissa Sales Tax Act, 1947

M/s. Bawa Trading Co Vs Sales Tax Officer and others (Orissa High Court,)

The fact in the instant case is that the assessee has submitted its return, which was assessed, but subsequently it was found that there is some suppression in submission of return so far as it relates to gross turn-over of the assessee and as such, reassessment order has been directed to be initiated under the provisions of Section 12(8)...

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