Judiciary

Entertainment Tax leviable in Delhi on Multi-System & Local Cable Operators

Siti Cable Networks Limited Vs Government of NCT of Delhi & Ors. (Delhi High Court)

High Court held that MSOs to the extent that they directly provide cable service to the subscribers without the intervention of any LCO, would be regarded as the 'proprietors‘ under Section 7(1) and would be liable to collect and pay the entertainment tax to the Government....

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Cenvat Credit cannot be denied for mere non-Registration of Premises

Commissioner, Service Tax Vs M/S Pangea 3 Legal Database Systems Pvt. Ltd. (Allahabad High Court)

Insofar as requirement of registration with department as a condition precedent for claiming Cenvat credit is concerned, there is no provision in Cenvat Credit Rules which impose such restriction. ...

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Ballasts or boulders or chips are mineral for Sales Tax levy: Orissa HC

State of Orissa Vs M/s. D. K. Construction (Orissa High Court,)

Ballasts or boulders or chips being mineral as per Entry 117 of the taxable list are exigible to tax at the rate of 4% of taxable list. Moreover, the appeal has been purportedly filed before the Tribunal with proper perspective and there is no defect in raising any such plea before it. ...

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Forfeited share application money is Capital Receipt and is Not Taxable

DCIT(OSD) Vs Mahalaxmi Rubtech Ltd. (ITAT Ahmedabad)

It is a fairly settled law that forfeiture of share application money which has been duly received by the appellant in terms of prospect and credited to capital reserve account was a capital receipt....

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NEBULA Watch is Jewellery for levy of VAT in Gujarat

State of Gujarat Vs M/s. Titan Industries Limited (Gujarat High Court)

NEBULA Watch, which is predominantly a jewellery, is made of gold, precious metals and /or precious stones /diamonds and is made of 18 Karat gold. Under the circumstances, the same can be said to be an Article or Jewellery falling within Entry No.13(ii) of Schedule II of the Act....

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Penalty not to be levied if quantum appeal is admitted by High Court

CIT Vs Advaita Estate Development Pvt. Ltd (Bombay High Court)

It upheld the view of the Tribunal that the imposition of penalty was not justified as admission of appeal in quantum proceeding on this issue as substantial question of law was proof enough of the issue being debatable....

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Delhi HC Explains Section 271(1)(c) penalty read with Explanation 5

PR. Commissioner of Income Tax Vs Shri Neeraj Jindal (Delhi High Court)

These four appeals by the revenue, under Section 260-A of the Income Tax Act, ("the Act") are directed against four separate orders of the Income Tax Appellate Tribunal (Delhi Bench) (“ITAT”) for AY 2005-06 and 2006- 07. The following common question of law was framed for decision by this court...

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ITAT Special Bench on Section 206AA– dissenting view on tax rate

Nagarjuna Fertilizers and Chemicals Limited Vs ACIT (ITAT Hyderabad)

Recently ITAT-SB at Hyderabad in Nagarjuna’s case held that even if a non resident does not obtain a PAN, the tax deductor need not deduct TDS at higher rate of 20%....

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Transfer Pricing additions not eligible for Exemption U/s 10A

M/s. Wissen Infotech Private Limited Vs Dy. Commissioner of Income Tax (ITAT Hyderabad)

The learned Counsel for the assessee submitted that the assessee is a concern which is eligible for claiming exemption u/s 10A of the Act and therefore, all of its income is exempt from tax in India and hence there is no intention to shift its profit outside India and more so, when the tax rates in USA, where the AEs are located, is highe...

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Assessment u/s 153A is Limited to search related income only

Principal Commissioner of Income Tax Vs Dipak J Panchal (Gujarat High Court at Ahmedabad)

It is held that the Assessing Officer while framing the assessment under Section 153A of the Act for the block period may make addition considering the incriminating material found for the year under consideration only which was collected during the search....

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