The assessee has issued demand drafts to various persons and any unclaimed demand drafts is kept in stale draft account under the head ‘outstanding liabilities’. AO noticed that the amount of INR 18,42,40,053 was shown under the head ‘outstanding liabilities’. The opening balance of the said account was INR 13,97,32,235. Accordingly, differential amount of INR 44507818 is treated as income of the assessee.
Qualcomm India Pvt. Ltd. Vs Addl. CIT (ITAT Delhi) Facts- The assessee argued that education cess paid on Income Tax doesn’t come under the purview of the definition as it is levied on the amount of Income Tax but not on profits of business. Conclusion- Education Cess is not in the nature of capital expenditure, […]
It is settled position of law that disallowance cannot exceed the amount of dividend income earned during the relevant assessment year. Accordingly, the amount of disallowance u/s 14A of the IT Act needs to be restricted to the extent of exempted income earned during the relevant assessment year.
Zee Entertainment Enterprises Ltd. Vs Invesco Developing Markets Fund (Bombay High Court) Facts- Two institutional investors issued the requisition notice to Zee Entertainment. A suit is filed by Zee Entertainment against the demand of two institutional investors seeking extraordinary general meeting. Zee Entertainment has filed a suit arguing that the requisition notice send by the […]
Held expenditure of reclamation and rehabilitation had to be allowed as a deduction under section 37(1) of the Act as expenditure incurred wholly and exclusively in connection with the business of the assessee.
Krishna Bhagya Jala Nigam Limited Vs ACIT (ITAT Bangalore) Guarantee commission not ‘Levy’ for the purposes of disallowance under Section 40(a)(iib) of the IT Act ITAT held that guarantee commission paid in consideration for the state government agreeing to suffer a detriment in the event of non-payment of the bonds on its maturity and is merely […]
Inox Leisure Ltd. Vs Commissioner of Service Tax (CESTAT Hyderabad) Appellant exhibits/ screens the movies provided by the distributor – consideration is paid by the appellant to the distributor based on the agreed percentage – department demanded service tax considering the same as BSS – Held no service tax can be levied on the appellant […]
Mohammed Shafi P. Vs National Investigation Agency (Kerala High Court) Facts- The allegations against the accused are of smuggling gold through the diplomatic channel availing the intimate connection, A1 and A2 had with the Consulate of United Arab Emirates at Thiruvananthapuram; wherein the two accused were formerly employed. The appellants lament; as the lyrics in […]
The appellant has alleged disallowance of lease rental payment treating the same as capital expenditure. Further, the appellant has also alleged that CIT(A) has erred in upholding the payment of supplementary rent to Lessors in Ireland under Lease Agreements executed after 01st April 2007 attracts liability for TDS.
Sony Sales Corporation Vs State of Maharashtra & Anr. (Bombay High Court) Order of Sales Taxes Officer challenged via writ petition – complete hierarchy of appellate authority/ court is provided under MVAT Act – writ petition not entertained. Facts- An order passed by the Sales Taxes Officer was challenged in via writ petition. Main issue […]
