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Archive: 30 August 2015

Posts in 30 August 2015

If building is constructed by trust on land owned by trustee; the provisions of sec 13(1) does not gets attracted

August 30, 2015 4016 Views 0 comment Print

Madras High Court in M/s Natya sankalpaa Vs DIT Exemptions held that if the trustee would compensate the trust with the amount which trust had applied on the property of the trustee then it could not be said that the income of trust had applied to the benefit of trustee

No wealth tax on land which remains vacant as per construction Plan

August 30, 2015 1246 Views 0 comment Print

Madras High Court held in CIT Vs M/s MIL Industries Ltd that the vacant land left on constructed property as per the construction plan of that property would not be treated as a vacant urban land because the vacant land left was the requirement of the construction plan

For computing income u/s 80I or 80 IA only losses and deductions of eligible business has to be considered from initial A.Y.

August 30, 2015 2059 Views 0 comment Print

Madras High Court in CIT Vs K Rajinikanth (Madras High Court) held that for computing the income for calculating the deduction u/s 80IA, only the profits & Losses of the eligible business had to be taken into consideration as if it was the only business of the assessee.

Re-assessment proceedings cannot be initiated u/s 147 just because of change in opinion

August 30, 2015 600 Views 0 comment Print

Madras High Court held in CIT Vs M/s Schwing Stetter India P Ltd that the case only be opened for re-assessment u/s 147 only if there was a tangible material in the hand of AO , it could not be opened just because of the change in the opinion of AO.

In case of failure to issue proper notice to assessee, ITAT has right to review its own order

August 30, 2015 675 Views 0 comment Print

Madras High court in CIT Vs M/s Sea Rose Marines Pvt Ltd (Madras High Court) held that if the notice was not issued to the assessee properly then the ITAT had the right to review its own order. The ITAT had recalled the order and gave new decision after reviewing

sec 80HHC- Taxation Laws (2nd Amendment) Act, 2005 have prospective effect

August 30, 2015 1429 Views 0 comment Print

Madras High Court held in CIT V/s Ms Orient Express that the amendment to sec 80HHC would have prospective effect from 2005 not retrospective effect.

Income from sell of land is capital gain, if purchase and sell of land is not the business of Assessee

August 30, 2015 4818 Views 0 comment Print

Madras High Court held in CIT Vs Ms Vidya Thangakumar that it would vary from case to case that whether the land in the hand of assessee is a capital asset or business stock. In the present case the assessee had got the land under settlement and it had to sell the land

Ownership of Capital goods not required for availing CENVAT credit

August 30, 2015 948 Views 0 comment Print

The assessee is engaged in manufacture of plastic articles/components and parts by using injection moulding machines. In the present matter the moulds, used to manufacture, in this case cabinets for television sets­ the finished product

Appeal for determination of any question in relation to rate of duty or to value of goods for assessment would lie before Apex Court – HC

August 30, 2015 736 Views 0 comment Print

The Hon’ble Court is of the view that the present appeal does not involve an issue regarding the rate of duty in as much as even the assessee does not dispute the rate of duty i.e. payable for the services rendered.

Issuance of Show cause notice mandatory for recovery of erroneous refund granted

August 30, 2015 6769 Views 0 comment Print

The assessee is engaged in the manufacture of automobile parts and components. The assessee cleared waste and scrap and replacement of defective products without payment of duty. The period in question pertains to September, 1998.

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