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Reassement based on point considered during original assessment not permissible

October 12, 2015 1243 Views 0 comment Print

High Court held In the case of M/s Swarovski India Pvt. Ltd. V. DCIT that in this case, queries and issues have been specifically raised and answered by the assessee in the original assessment proceedings. Thus, even though AO did not make any addition in the assessment order

Valuation of property covered under Ceiling Act for Wealth Tax cannot be higher than maximum compensation

October 12, 2015 1618 Views 0 comment Print

Supreme Court held In the case of SRI S.N. Wadiyar (Dead) through LR V. Commissioner of Wealth Tax that a property which is going to be taken over by the Government at a compensation of Rs. 2 Lakhs and is awaiting notification under Section 10 of the Act for this purpose

Web-based Residential Property Marketplace Model–Interaction with A Start-Up

October 12, 2015 734 Views 0 comment Print

It’s unbelievable to see the excitement that runs in today’s Indian youth and professionals on the way they see matters relating to start-ups. With new unicons like SnapDeal there is a hope in almost everyone’s eyes that one should at least give it a shot and try something worthwhile. Ideas are in abundance and people […]

Adjustment of refund with demand u/s 245 cannot be done without application of mind

October 12, 2015 2789 Views 0 comment Print

Uttarakhand High Court held In the case of CIT (TDS) & others vs. State Bank of India & others that every authority of discretionary power would be obliged to act, in the first place, being guided by relevant considerations and ignoring irrelevant considerations.

Section 80DDB- Private Hospital Doctors allowed to issue Certificate

October 12, 2015 44157 Views 14 comments Print

Notification No. 78/2015 – Income Tax The prescription in respect of the diseases or ailments specified in sub-rule (1) shall be issued by the following specialists:- (a) for diseases or ailments mentioned in clause (i) of sub-rule (1) – a Neurologist having a Doctorate of Medicine (D.M.) degree in Neurology or any equivalent degree, which is recognised by the Medical Council of India;

Writ Petition could be allowed if there is procedural lapse by Authorities: HC

October 12, 2015 1090 Views 0 comment Print

The Bombay High Court has held in the case of TNT India private Limited v. Principal CIT that Writ Petition could be allowed if the due procedure have not been followed while suspending the registration under Regulation 14 of Courier Imports and Exports (Clearance) Regulations, 1998.

Coconut oil cannot be classified as Hair Oil for mere Packing in Small Containers

October 12, 2015 2556 Views 0 comment Print

Kind attention is invited to Circular No. 890/10/2009 dated 3.6.2009 by which Board (CBEC) issued Order under Section 37B on classification of Coconut Oil packed in containers of the sizes up to 200ml. References have been received on the subject from field formations on need to review the Circular due to judicial pronouncements on the subject.

Depreciation cannot be allowed forcefully if not claimed by Assessee

October 11, 2015 2014 Views 0 comment Print

Gujarat Paguthan Energy Corporation P Ltd Vs ITO (ITAT Ahmedabad)- For allowing any income based deduction to the assessee, if the assessee had not claimed depreciation and claimed the deduction without claiming depreciation then AO could not forcefully deduct the depreciation from profit & Loss Account.

Deduction u/s 80IB(10) cannot be denied to developer for mere P&L presentation without appreciation of facts

October 11, 2015 654 Views 0 comment Print

ITAT Ahmedabad held in Megha Developers Vs ITO that as the assessee had entered into an agreement in which he had to bear all the costs related with the building of the project and also he was having the rights to receive all the payments from the members of the society

Sec 80IB(10) 5% Commercial Area Restriction applicable from 01-04-2005

October 11, 2015 603 Views 0 comment Print

ITAT Ahmedabad held in M/s Sun Rise enterprise Vs ACIT that the insertion of clause d to sec 80IB(10) would be applicable from 01-04-2005 i.e the amendment related with built up area of commercial establishments not to exceed more than 5% of total built up area of housing project would have prospective effect not retrospective effect.

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