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Section 68 Cannot be invoked if Creditor’s Identity, Mode of Payment & Repayment proved

September 23, 2015 1100 Views 0 comment Print

In the case of M/s. Jindal (India) Textiles Vs. ITO the Hon’ble ITAT held that once creditors’ identity, mode of payment and repayment, assessee’s books of accounts proved the impugned credit transactions

Keyman insurance expenses allowable if conditions u/s 10(10D) fulfilled

September 23, 2015 4926 Views 0 comment Print

In the case of Suri Sons vs. ACIT – ITAT Amritsar has held that that once life insurance policy has been sold as a life insurance policy on the keyman to the business, as long as it is in the nature of life insurance policy

Anti-dumping duty could not be added for computing customs duty, SCD & SAD: SC

September 23, 2015 2497 Views 0 comment Print

In the case of M/S. Jaswal Neco Ltd. Vs. Commissioner Of Customs , it was held by Supreme Court that anti-dumping duty could not be added for computing customs duty, Special Customs Duty and Special Additional Duty by referring to the judgment in the case of Commissioner of Customs

Availability of alternate remedy do not preclude High Court from exercising jurisdiction– SC

September 23, 2015 540 Views 0 comment Print

In the case of D.R. Enterprises Ltd. Vs. Assistant Collector Of Customs And Ors, it was held by Supreme Court that the powers of the High Court under Article 226 of the Constitution, while issuing appropriate writs, are very wide.

Section 54F cannot be denied if Assessee was not exclusive owner of more than one property at the time of Transfer

September 23, 2015 1606 Views 0 comment Print

In the case of CIT vs Kapil Nagpal, it was held by the Delhi High Court that purchase of an agricultural land used for agricultural purposes did not violate 54F conditions. Further the exclusive ownership of the residential house on the date of transfer is required to prove violation of Section 54F.

Availability of alternative remedy is not an absolute bar in deciding the matter on merits

September 23, 2015 1392 Views 0 comment Print

Tribunal shall not ordinarily admit an application, unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant service rules as to redressal of grievances and that by itself means that exemption could be drawn under particular circumstances

RBI to issue ₹ 500 and ₹ 1000 Banknotes with Three Additional Features

September 23, 2015 1616 Views 0 comment Print

The Reserve Bank of India will shortly put into circulation banknotes in the denominations of ₹ 500 and ₹ 1000 incorporating three new/revised features – (i) ascending size of numerals in the number panels, (ii) bleed lines, and (iii) enlarged identification mark. It may be recalled that the Reserve Bank recently put into circulation ₹ […]

Order rejecting stay application by passing a non-speaking order is liable to be set aside

September 23, 2015 3729 Views 0 comment Print

Smt. Kavitha Rajakoti Vs. ITO (Andhra Pradesh High Court) Assessing Officer is required to act in a fair manner and need to consider the stay petition independently and pass a speaking order stating reasons as to why the stay application of the petitioner is not required to be considered

Valuation of Non – Monetary Consideration under Service Tax

September 23, 2015 10498 Views 0 comment Print

The term ‘service’ is defined under service tax law to mean any activity for ‘consideration’ by one person for another. In this regard, it is important to note that section 67 of the finance act, 1994 determines consideration to include both monetary as well as non-monetary consideration.

Public Private Partnership In BOT

September 23, 2015 2132 Views 0 comment Print

Deficiencies in Indian infrastructure as already seen is a major obstacle for achieving and sustaining higher economic growth in India. To attend these problems the economic programme of 1991-96 in tune with economic liberalization and new wisdom of reducing role of public sector, ended the decades long monopolies of public sector in the infrastructure. In response to the new economic policies it assigned to the private sector a significant role in raising sustainability in the level of infrastructural investment and efficiency of infrastructural services.

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