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No VAT under Telangana VAT Act, 2005 on transfer of a business as a whole

April 18, 2017 2886 Views 0 comment Print

 A careful look at the reason for Rule 36 being inserted, which cannot be correlated to anyone of the matters enumerated in Clauses (a) to (r) of sub-section (2) of Section 78, will show that in the entire Telangana VAT Act, 2005, the only place where a transfer of business as a whole is spoken […]

CIC Disposes 1,282 RTI Appeals by a single Order

April 18, 2017 11658 Views 0 comment Print

The present set of Appeals (1282 in number) arise out of RTI Applications filed by the Appellant against different Commands of Indian Air Force and it has been decided to adjudicate upon the Appeals by putting same subject matters under one head (which may or may not have the same date of RTI Application) and have been listed for hearings in different bunches.

Neglect to pay despite winding up notice, in law is to be deemed to be insolvent

April 7, 2017 1809 Views 0 comment Print

This petition filed by the petitioner company M/s. Shree Balkrishna Commercial Company Limited (hereinafter ‘the petitioner company’) under section 434 of the Companies Act, 1956 (hereinafter ‘the Act of 1956’) seeks winding up of the respondent company M/s. Ask Dairies Private Limited (hereinafter ‘the respondent company’) for reason of its inability to repay the due, […]

Profit increased due to disallowance U/s. 40(a)(ia) is eligible for deduction U/s. 10A

April 5, 2017 2466 Views 0 comment Print

It cannot be denied that expenditure incurred by the assessee for the purpose of developing housing project and not allowable by virtue of section 40(a)(ia) would ultimately go to increase assessee’s profit from such business and profit as computed after making the dis allowance would, therefore, qualify for deduction under section 10A.

Sale of Land of HUF after Death of Karta is assessable in HUF’s hand

March 31, 2017 2433 Views 0 comment Print

What has been sold was ancestral agricultural land which belongs to the HUF and it has been brought to tax in the hands of HUF after the death of Sh. Amarchand. There is no partition of HUF and there is no finding of any partition given by the Assessing Officer u/s 171 of the Act.

Interest Income waived is not taxable or will not form part of income

March 30, 2017 4509 Views 0 comment Print

In Shiva Laxmi Exports Ltd Vs CIT, the division bench of the Calcutta High Court held that interest income could not said to have had accrued when the same was waived by the Company by passing a resolution. While deleting the addition made in respect of the said income, the bench clarified that such income is excludable from the levy of income tax.

GST: Provide building wise data of formations & Sanctioned Strength

March 27, 2017 1509 Views 0 comment Print

After the GST reorganization, several changes will take place in the location of Commissionerates, Divisions and Ranges. For augmentation of hardware, the building wise data of the list of formations housed in that building and the sanctioned strength of various cadres is required.

Registration U/s. 12AA cannot be denied for mere non filing of Return

March 27, 2017 1812 Views 0 comment Print

Advocate Akhilesh Kumar Sah Just because the assessee has not filed income tax returns in earlier years, it can not be said that the activities of the assessee of the charitable trust / society were not genuine and grant of the registration under section 12AA cannot be denied

Assessment U/s. 153C liable to be quashed if No satisfaction recorded by AO

March 22, 2017 2097 Views 0 comment Print

These are cross appeals by the assessee and the Revenue emanating out of the orders of learned CIT(Appeals)-III, Nagpur for assessment years 2008-09 and 2009-10 respectively. Since the issues are connected and the appeals were heard together

Addition upheld for cash deposit in bank claimed against withdrawals

March 7, 2017 8607 Views 3 comments Print

The withdrawals have been found to be subsequently redeposited after a gap of two or three months which is not probable. The assessee therefore we find has not been able to link the cash withdrawn from the bank with cash deposit we therefore uphold the order of the learned CIT(A) treating the cash deposit of Rs. 14,20,212/- as unexplained income of the assessee.

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