Follow Us:

Corpus fund cannot be taxed even if registration u/s 12AA has not been granted

November 10, 2018 7695 Views 0 comment Print

Civil Services Institute Vs DCIT (ITAT Delhi) It is observed from communication between assessee and Government of Uttarakhand Department of Culture, Tourism and Games, Dehradun, dated 01/12/14, that funds were released, as ‘corpus fund’ for operation of Civil Services Institute construction at Dehradun. It is also observed that only reason for disallowance of claim of […]

Reopening invalid if on incorrect premise that assessee has not filed return

November 10, 2018 2706 Views 0 comment Print

Mumtaz Haji Mohmad Memon Vs ITO (Gujarat High Court) The Assessing Officer may be correct in pointing out that when the sale consideration as per the sale deed is Rs.50 lakhs but the registering authority has valued the property on the date of sale at Rs.1,18,95,000/-­ for stamp duty calculation, section 50C of the Act […]

Tax on Liability of amalgamating company written off by amalgamated company

November 10, 2018 4179 Views 0 comment Print

DCIT Vs. Babcock Borsig Ltd. & Vice-Versa (ITAT Kolkata) Liabilities brought forward from amalgamating company written off by the amalgamated company (assessee) become its Business income- i.e. Profit chargeable to tax under section 41(1) of Income Tax Act, 1961 as the assessee had written off the liabilities after coming to a conscious conclusion that those […]

Frooti is beverage chargeable to Entry Tax @ 2% in Chhattisgarh

November 9, 2018 2757 Views 0 comment Print

The petitioners cannot be allowed to make separate entry when frooti is covered within the specific entry and residuary entry cannot be resorted into. In the considered opinion of this Court, both the authorities are absolutely justified in holding that frooti is a product covered by Entry 14 of Schedule II of the Chhattisgarh Entry Tax Act, 1976.

Personal use of expense incurred cannot be attributed without Sufficient Proof

November 8, 2018 5748 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 3789 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 8505 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 1095 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 3336 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 10032 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.

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031