Judiciary

Amount Deducted for Notice Period is not Taxable as Salary

Shri Nandinho Rebello Vs DCIT (ITAT Ahmedabad)

It is pertinent to note that the assessee has actually received the salary from his previous employers after deducting the notice period as per the job agreement with them. Therefore, in our considered view, the actual salary received by the assessee is only taxable....

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Sec 40(a)(ia) amendment extending TDS payment due date U/s. 139(1) is Retrospective

The Commissioner of Income Tax­ Vs Shraddha & S S Kale, Joint Venture (Bombay High Court)

Amendment to Section 40 (a)(ia) of the Act by Finance Act, 2010 is retrospective with effect from 1st April, 2005 as held by various High Courts....

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Demonitisation effect: HC condones delay in deposit of Court Fees

Prashant Sahu Vs Vijay Kumar Chourasiya (Madhya Pradesh High Court)

The complainant submits that because the complainant was to deposit the court fees, but due to financial insufficiency suffered by him, he could not make the deposit at the relevant time. It is also contended that during the said period, the Demonetisation was also in force, therefore, his non-deposit of the court fees be condoned and set...

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No TDS on Expense Reimbursement under Mutual Agreement between Entities

DCIT Vs M/s KPMG C/o KPMG House, (ITAT Mumbai)

Thus, the concept of Mutuality postulates that all the contributors to the common fund must be entitled to participate in the surplus and that all the participators in the surplus are contributors to the common fund. It is in this sense that the law postulates that there must be a complete identity between the contributors and the partici...

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IT Exemption cannot be denied to South Indian Film Chamber of Commerce

Deputy Director of Income Tax Vs M/s. South Indian Film (ITAT Chennai)

In this appeal filed by the Revenue, it is aggrieved that ld. Commissioner of Income Tax (Appeals) allowed the assessee claim for its exemption u/s.11 of the Income Tax Act, 1961 (in short BC the Act CC). Appeal has been filed with a delay of ten days. Condonation petition has been filed. Delay is condoned and appeal admitted....

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Sec. 68 AO cannot Examine Source of Source in Non-Share Capital Cases

ACIT, Vs Smt. Prem Anand (ITAT Delhi)

Ld. CIT(A) has rightly observed that the assessee is not required to explain source of source of the fund gets buttressed by the amendment made in section 68 with effect from 01.04.2013, which empowers the AO to examine source of source in case of share application money from 01.04.2013 and no other cases prior to that....

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TDS on Land Acquisition amount is part of Compensation: SC

Baranagore Jute Factory Plc. Mazdoor Sangh (Bms) Etc Vs Baranagore Jute Factory Plc (Supreme Court of India)

Respondents should not have appropriated the refund they received from the Income- Tax Department. There is nothing wrong in claiming the refund. The problem is in utilising the refund received. ...

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Certificate of competent authority only can be relied for measurement of distance of land from Municipality

Asst. Commissioner of Income Tax Vs Mr. Alkesh Kanti Lal Patel (ITAT Mumbai)

However, the relevant certificate from the competent authority has not been submitted by the assessee as required under law for determination of the distance of land in question from Municipality etc. ...

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UP VAT Registration cannot be denied for mere wrong Input Tax Credit claim

Sevak Enterprises Vs Commissioner, Commercial Tax (Allahabad High Court)

Justice Ashwani Kumar Mishra of Allahabad High Court held that, wrongful claim of Input Tax Credit (ITC) would not constitute sufficient ground for cancellation of registration of a dealer under UP Value Added Tax Act....

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Subsidy for Setting Up / Expansion of Industry is tax-free Capital Receipt

LG Electronics India Pvt. Ltd. Vs. ACIT (ITAT Delhi)

It is an admitted position that the assessee treated the amount of subsidy as a capital receipt, but, did not reduce it from the value of fixed assets and eventually claimed depreciation on the higher value of assets without reduction of such subsidy. To deal with such a situation, the Finance Act, 2015, w.e.f. 1-4-2016, […]...

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