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Proceedings u/s 153C not valid in absence of any relevant seized material

December 7, 2015 845 Views 0 comment Print

Delhi High Court held In the case of CIT vs. M/s Refam Management Services (P) Ltd. that under Section 153C the assessment or reassessment of income of a person other than a searched person would proceed in accordance with the provisions of Section 153A.

Claim for Set off of unabsorbed business loss b/f against profit of section 10A after AY 2001-02 is allowable

December 7, 2015 604 Views 0 comment Print

CIT Vs. M/s Shantivijay Jewels Ltd. (Bombay High Court) In this case Hon’ble Court considered question of law that whether claim for set off of unabsorbed business loss which was brought forward in subsequent AY against the profit of section 10 A is allowable or not.

Income which an assessee could have, but has not earned cannot be made taxable as income accrued

December 7, 2015 739 Views 0 comment Print

DCIT VS. Maharashtra State Electricity Board (ITAT MUMBAI) The assessee was entitled to get subsidy @3% from the state government. As per the agreement with WB it was decided that it would get higher subsidy i.e. 4.5 %.

Presumption u/s 292 is discretionary in nature; authorities can reject books of account founding them inchoate

December 7, 2015 772 Views 0 comment Print

Bombay High Court held In the case of M/s Harish Textile Engrs. Ltd. vs. DCIT that Section 292 uses the word ‘may presume’ and not ‘shall presume’ or ‘conclusively presume’. The words ‘may presume’ are in the nature of discretionary presumption different from a compulsory presumption.

Expenses on eye treatment abroad not allowable u/s 37 being not exclusively incurred for profession

December 7, 2015 994 Views 0 comment Print

Bombay High Court held In the case of Dhimant Hiralal Thakar vs.CIT that eyes are an important organ of the human body and is essential for the efficient survival of a human being. Eyes are thus essential not only for the purpose of business or profession but for purposes other than these which are so many.

Bills discounted cannot be equated with loan & advances, interest received on default not taxable under Interest Tax Act, 1974: SC

December 7, 2015 3542 Views 0 comment Print

Supreme Court held In the case of State Bank of Patiala vs. CIT that it is well settled that a subject can be brought to tax only by a clear statutory provision in that behalf. Interest is chargeable to tax under the Interest Tax Act

Notification No. 24/2015-Central Excise (N.T.), Dated: 07.12.2015

December 7, 2015 679 Views 0 comment Print

In exercise of the powers conferred by rule 3 of the Central Excise Rules, 2002, the Central Board of Excise and Customs hereby makes amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue) number 27/2014-Central Excise (N.T.), dated the 16th September, 2014, published in the Gazette of India, Extraordinary, Part II, Section 3

Children with Seat to Pay Full Rail Fares from April, 2016

December 7, 2015 1620 Views 0 comment Print

Ministry of Railways has decided to revise the child fare rule. Under the revised provision, full adult fare will be charged for children of age 5 years and under 12 years of age if for whom berth/seat (in reserved class) is sought at the time of reservation. However, in case berth/seat is not sought for the children of age 5 years and under 12 years of age at the time of reservation, then half of the adult fare shall continue to be charged subject to the minimum distance for charging.

EPF : Process for Change in Name and Basic Detail of Members

December 7, 2015 6412 Views 0 comment Print

EPFO has madea provision forchange the name of EPF members in the application software. Members who wish to get their name to be changed in the EPF Database can apply for the same through their employer alongwith supporting documents. In this regard a circular has already been issued to the field offices mentioning the supporting […]

Maharashtra Govt. allows women to work in night shifts

December 7, 2015 3641 Views 0 comment Print

Section 66(1) (b) of the Factories Act 1948 which explicitly prohibits the employment of women in night shift between (7pm to 6am) has been challenged inter-alia, by the women organisations, in the High Court on the ground that it is unconstitutional being violative of Art 14, 15 and 19(1) (g) of the constitution. Since it discriminates women factory workers based on Sex and gender by its prohibitory provision to work during night shift.

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