Sponsored
    Follow Us:

Personal use of expense incurred cannot be attributed without Sufficient Proof

November 8, 2018 5313 Views 0 comment Print

Galgotia Publication (P) Ltd. Vs ACIT (ITAT Delhi) The present assessee before us is a company and is an entity recognised by law, as a legal person, that exist in eyes of law independently with rights and liabilities. Thus no element of personal expenses by the Directors/Office bearers can be attributed, without, there being sufficient […]

TDS on Commission paid to NRs for services rendered outside India not become deductible for mere withdrawal of circular

November 8, 2018 3552 Views 0 comment Print

It is not disputed that that the withdrawal of the Circulars No. 23 and 786 has been made on 22-10-2009 vide CBDT Circular No. 7 of 2009 and mere withdrawal of the circular does not negate the principles of income deemed to accrue or arise in India or outside India.

To avail benefit of ‘peak credit’ theory Assessee needs to explain all transactions

November 8, 2018 7977 Views 0 comment Print

CIT Vs M/S. JRD Stock Brokers Pvt. Ltd (Delhi High Court) The peak credit worked out by the Assessee was on the basis that the principle of peak credit would apply, notwithstanding the failure of the Assessee to explain each of the sources of the deposits and the corresponding destination of the payment without squaring […]

Classification of Hybrid Amplifier for MVAT: Under Accessory of Cable T.V. or general electronic item?

November 8, 2018 846 Views 0 comment Print

The Commissioner of Sales Tax Vs M/s Khush Bhakht Electronic Engineers Pvt.Ltd. (Bombay High Court) Whether on the facts and circumstances of the case and on a true and correct interpretation of schedule entries C-II-124 and C-II-126, appended to the Bombay Sales Tax Act 1959, the Tribunal was legally justified in holding the impugned product […]

Disclosure of Father name not required by Single Mother for Birth Certificate of Child

November 6, 2018 2610 Views 0 comment Print

Mathumitha Ramesh Vs The Chief Health Officer (Madras High Court) In the present case, the hospital in which the petitioner had given birth to a child had certified that the petitioner herein had delivered an alive girl on 23.04.2017 at 10.47 a.m. at Cethar Hospital, Trichy. The petitioner herein had also filed an affidavit before the authorities that the child was born from her womb. In the affidavit filed before this Court, the petitioner had clearly stated that she got pregnant through “intrauterine insemination” through which, she delivered […]

Section 234E: Assessee not liable for late filing charges for the period prior to June, 2015

November 6, 2018 9600 Views 0 comment Print

Assessee could not be held liable for levy of late filing charges under section 234E for the period prior to June, 2015 in the absence of amendment to section 200A, which was brought on Statute from 1-6-2015.

In absence of involvement in day-to-day management of company assessee cannot be prosecuted U/s. 276 B

November 5, 2018 5769 Views 0 comment Print

Kalanithi Maran Vs. UOI (Madras High Court) In the absence of any material, 2nd respondent should not have come to conclusion that assessee was Principal Officer. Unless the 2nd respondent makes out a prima facie case against petitioner of his liability and obligation as Principal Officer in day-to-day affairs of the company as Chairman-cum-Managing Director […]

Unsecured loan/ Gifts to be added in Income if paying capacity of giver is not proved: HC

November 5, 2018 1281 Views 0 comment Print

Sitaram Ramchanddas Patel Vs ITO (Gujarat High Court) When the assessee failed to prove the capacity of the concerned persons who alleged to have given the unsecured loan and/or gift, it cannot be said that the learned Tribunal has committed any error in confirming the additions made by the Assessing officer and confirmed by the […]

Low Tax Effect Circular binds Revenue and revenue must prove applicability of conditions if any

November 5, 2018 999 Views 0 comment Print

Pr. CIT Vs M/s Nawany Construction Co. Pvt Ltd (Bombay High Court) Section 260A Low Tax Effect Circular– Department has made an attempt to get over the binding Circulars and in any case we shall not allow the Revenue to get over them in this manner. The Circulars continue to bind the Revenue and if they contain any conditions, whether […]

Deduction U/s. 80-IA Claimed through return filed U/s. 153A instead of revised return cannot be denied

November 5, 2018 2220 Views 0 comment Print

Pr. CIT Vs. Vijay Infrastructure Ltd. (Allahabad High Court) Since the time limit for filing the revised return had not expired during the relevant year, therefore, claim for deduction under section 80-IA if not made earlier could have been made in the revised return. Once it could have been claimed in the revised return under […]

Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031