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Exemption u/s 10(23C)(vi) valid for institution existing solely for educational purposes

June 20, 2022 849 Views 0 comment Print

Merely because one of the clauses of trust deed of assessee trust provided that trust could carry on other businesses as decided by trustees, it would not per se disentitle trust from being considered for registration under section 10(23C)(vi) of the Act.

LTCG on conversion of investment to stock-in-trade taxable in the year of Sale

June 20, 2022 738 Views 0 comment Print

That where the investments are converted into stock-in-trade, the difference between the market value of the investments as on date of conversion and the cost of investments is assessable under the head long term capital gains and taxable in the year in which such securities were sold as a part of the stock-in-trade.

Amount invested in capital gain scheme cannot be taxed in the year of investment

June 20, 2022 546 Views 0 comment Print

The amount once invested in the capital gain scheme cannot be brought to tax in the year of investment itself without considering the utilization within the period allowed under the said scheme.

Sewage tax claimed as business expenses, refund to be taxed under business income

June 20, 2022 435 Views 0 comment Print

Payment of Sewage Tax was claimed as business expenditure, refund of same would be liable to be assessed under the head Business Income.

Initiation of proceedings untenable as duty with interest paid before notice

June 18, 2022 399 Views 0 comment Print

The appellant paid the duty with interest even prior to issuance of Show Cause Notice. If that is so, the authorities had no jurisdiction to initiate proceedings at all and consequently the question of payment of penalty would not arise at all.

Witnesses cannot be relied if given deposition without reading the document

June 18, 2022 2877 Views 0 comment Print

The F.I.R. states the number of Santro car. Merely one of the witnesses has said that he has given the deposition by signing the document without reading and he was not much aware about which car has caused the accident, is not that much fatal.

Family pension available to transgender applicant: HC

June 18, 2022 1443 Views 0 comment Print

That the petitioner as a transgender has every right to choose her gender and accordingly, she has submitted her application for grant of family pension under Section 56(1) of Odisha Civil Services (Pension) Rules, 1992.

Statement of person not connected with business has no evidentiary value

June 18, 2022 399 Views 0 comment Print

In this case the valuation was done based on the statement of assessee’s son who is no way connected with assessee’s business except his occasional visits. Therefore, the statement of Sh. Rajat Jain has no evidentiary value.

Govt. authority cannot act in irresponsible & negligent manner

June 18, 2022 435 Views 0 comment Print

Government Corporation is like any other assessee before the tax authority and cannot be allowed to plead that on this count it be given a preferential treatment and be allowed to escape the responsibilities of representing their case before the other governmental authorities including the tax authorities.

Interest linked to primary activity eligible for Section 80IA deduction

June 18, 2022 498 Views 0 comment Print

We hold that since the receipt of interest is intrinsically linked to the primary activity of allotment of plots in the industrial park, it is hereby held that the interest is derived from the eligible business and thus, eligible for the purpose of direction u/s. 80 IA.

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