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Chuni is the by-product of Dal and not liable to entry tax

August 30, 2022 5607 Views 0 comment Print

Held that Chuni which is the by-product of Dal, it is one of the 16 ingredients into the making of cattle feed, and it is not the same thing as cattle feed. Chuni is not Cattle feed and therefore not amenable to Orissa Entry Tax Act, 1999.

No Relief in case of violation of section 12A of Commercial Courts Act

August 30, 2022 5538 Views 0 comment Print

Held that Section 12A of the Commercial Courts Act, 2015 is mandatory and hold that any suit instituted violating the mandate of Section 12A must be visited with rejection of the plaint under Order VII Rule 11.

Corruption Charges against CA based on retracted confessional statement untenable

August 30, 2022 3042 Views 0 comment Print

Held that record doesn’t disclose any independent material, accordingly charges under the Prevention of Corruption Act cannot be confirmed merely on the basis of the retracted confessional statement.

Additional depreciation u/s 32(1)(iia) allowable on power generation activity

August 29, 2022 1845 Views 0 comment Print

Held that electricity is capable of abstraction, transmission, transfer, delivery, possession, consumption and use like any other movable property. Hence, additional depreciation u/s. 32(1)(iia) available to the assessee on activity of power generation.

Cleaning of waste oil to get reclaimed fuel oil not amounts to manufacture

August 29, 2022 696 Views 0 comment Print

Held that the process of cleaning of waste oil to yield reclaimed fuel oil does not amount to manufacture as defined under Section 2(f) of the Central Excise Act, 1944 not liable to duty.

No section 54F deduction on Residential apartments used for commercial purpose

August 29, 2022 1959 Views 0 comment Print

D. Ravikumar Vs ACIT (ITAT Chennai) Held that two apartments owned for residential purpose are being used for commercial purposes as service apartments and hence needs to be excluded for the purpose of deduction u/s 54F. Facts- During financial year relevant to AY 2007-08, the assessee has sold property for consideration of Rs. 40 lakhs […]

Arbitral use of revisionary powers u/s. 263 is unsustainable

August 29, 2022 501 Views 0 comment Print

CIT Cannot exercise Revisionary Powers under Section 263 of Income Tax arbitrarily without satisfying twin conditions for exercising of power

Section 80IB deduction to industrial undertaking manufacturing at third party premises allowable

August 29, 2022 1647 Views 0 comment Print

Held that deduction u/s 80IB allowable to the industrial undertaking manufacturing at third party premises using their machinery under the supervision and control of an assessee amounts to manufacturing by the industrial undertaking.

Interest on late payment of TDS not allowable as business expenditure

August 29, 2022 48657 Views 0 comment Print

Held that interest payment on late payment of TDS is not eligible business expenditure for deduction and it is not compensatory in nature.

Relief under SVLDRS depends on amount in arrears of duty

August 28, 2022 846 Views 0 comment Print

Held that action of Designated Committee by first deducting the amount of deposit made by petitioners during enquiry, investigation or audit and, thereafter, extending relief to the petitioners by computing the amount of tax due on the outstanding amount, is not as per the mandate of the Scheme.

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