"30 August 2015" Archive

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

M/s Natya Sankalpaa Vs DIT Exemptions (Madras High Court)

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 ...

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

CIT Vs M/s MIL Industries Ltd. (Madras High Court)

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...

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

CIT Vs K Rajinikanth (Madras High Court)

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....

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

CIT Vs M/s Schwing Stetter India P Ltd (Madras High Court)

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....

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

CIT Vs M/s Sea Rose Marines Pvt Ltd (Madras High Court)

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 ...

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

CIT Vs Ms Orient Express (Madras High Court)

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....

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

CIT Vs Ms Vidya Thangakumar (Madras High Court)

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...

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Ownership of Capital goods not required for availing CENVAT credit

Commissioner of Central Excise Vs M/s. Modernova Plastyles Pvt. Ltd. (Bombay High Court)

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...

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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

M/s. Greatship (India) Ltd. Vs Commissioner of Service Tax (Bombay High Court)

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. ...

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

The Commissioner of Central Excise Coimbatore Vs M/s. Pricol Ltd. Perinaickenpalayam Coimbatore 641 103 (Madras High Court)

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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