The assessee had filed and furnished all details and particulars relating to the royalty payment including agreements, calculation and the approval. There was no failure on the part of the assessee to furnish true and correct all material facts. The facts were available before and were within the knowledge of the Assessing Officer. The new Assessing Officer as per the reasons recorded on the basis of the same facts, has observed that royalty payment should have been disallowed as it was capital in nature. This is a question of legal inference or interpretation which has been drawn from the same material facts on record. There is no allegation that there was failure or omission on the part of the assessee to furnish and state all material facts.
When an order passed by this Court it is to be considered by the public at large and the same concluded at the instance of this Court. Then it is the duty of this Court to give respect to its order by giving sanctity more than, over and above the highest bid.
The Central Bureau of Investigation has arrested ward-1 Income Tax officer P. Venkateswara Rao who allegedly demanded a bribe from financier M. Srinivasa Reddy of Rayavaram mandal to reduce his Income Tax dues on September 16. The Central Bureau of Investigation had then registered a case against Venkateswara Rao for allegedly demanding a bribe of […]
The validity of a provision cannot be considered or adjudicated upon by the Tribunal constituted under the Act. Section 260A provides for an appeal from every order passed by the Appellate Tribunal. If it involves a substantial question of law, such question of law should arise from the order of the Tribunal. If the Tribunal cannot consider the validity of a retrospective amendment, no doubt such question does not arise from its order and the jurisdiction conferred on the High Court under section 260A cannot also enable the High Court to consider such validity or otherwise.
Assessee was granted right of lifting water from said well which is independent right given by the State Government for the rent of Rs. one per year. There is also nothing to suggest that right of lifting of water was acquired by assessee by incurring any cost. Such right is not covered by the provisions of section 55(2). Therefore, no capital gain could be worked out, since provisions of section 45(1) read with section 48(1) are not applicable in respect of payment made to assessee in lieu of surrendering the right to lift the water from the well. Accordingly, capital gain as worked out by the Assessing Officer is not justified.
In exercise of the powers conferred by sub-rule(4) of rule 7 of the Service Tax Rules, 1994, the Central Board of Excise & Customs hereby extends the date of submission of the return for the period 1st April 2012 to 30th June 2012, from 25th October, 2012 to 25th November,2012.
Landscaping of factory or garden certainly would fall within the concept of modernization, renovation, repair, etc. of the office premises. At any rate, the credit rating of an industry is depended upon how the factory is maintained inside and outside the premises. The Environmental law expects the employer to keep the factory without contravening any of those laws.
F.No. -Infrastructure/Project/EMBP/ 9(Part-VII)/2012-13/450 This is to bring to the notice of all the tax payers, tax practioners and all other persons concerned that all the offices under the Commissioner of Income Tax (Central)-I, II & III, Kolkata, the Commissioner of Income Tax (Central)(Appeal)-I, II & III, Kolkata, the Commissioner of Income Tax– XII, Kolkata and the Director of Income Tax (International Taxation & Transfer Pricing), Kolkata have been shifted to Aayakar Bhawan Poorva, 110 Shanti Palli, (opposite Ruby Hospital), Kasba, E.M.By-Pass, Kolkata.
A creditor can maintain a winding up petition if he complies with the provisions of Sections 433, 434 and 439 of the said Act of 1956. In the present case, the respondent-Bank was admittedly a creditor of the company. The company did not dispute such relationship. The company did not dispute receipt of the notice, hence, the winding up petition was maintainable.
Gazette Notification Dt. 27th March, 2012 issued by Department of Economic Affairs (Infrastructure Section), Ministry of Finance on “Harmonised Master list of Infrastructure sub-sectors” and amended by Department of Economic Affairs from time to time by way of new notification.
