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Cutting & Polishing of Marble Blocks into Slabs constitutes Manufacture for Section 10IB deduction

September 12, 2021 2229 Views 0 comment Print

CIT Vs Jannani Holdings (Madras High Court) The Madras High Court held that conversion of limestone and marble into lime and limedust constitute the activity of manufacturing or production, entitled for deduction. The assessee, M/s. Jannani Holdings is engaged in the granite business and for the Assessment Year under consideration, AY 2005-06, they filed their […]

GST under TDS not applicable if applicants supply to specified categories of persons notified by Government

September 8, 2021 7212 Views 0 comment Print

In re Uttarakhand Purv Sainik Kalyan Nigam Ltd. (GST AAR Uttarakhand) On perusal of legal provisions of Section 51 of CGST Act, 2017, we find that the Government has authorized following persons , to deduct tax at the rate of two per cent (1% CGST + 1% SGST) from the value of supply excluding the central […]

Son-In-Law has no Legal Right In Father-In-Law’s Property

September 6, 2021 2391 Views 0 comment Print

Davis Raphel Vs Hendry Thomas (Kerala High Court) This Regular Second Appeal has been filed by the defendant in the civil suit challenging the judgment and decree dated 22.2.2019 in A.S.No.58/2016 of the Sub Court, Payyannur (hereinafter referred to as ‘the first appellate court’) by which judgment, the first appeal of the defendant was dismissed […]

No bar on CA giving Business Consultancy for Export: CESTAT

September 5, 2021 900 Views 0 comment Print

Bharat Mines & Minerals Vs Commissioner, Central Goods & Service Tax, Customs & Central (CESTAT Delhi) I find that the invoices in question were issued by the Chartered Accountant- Anuj Maheshwari and Company, copy of which is available in the appeal record. The invoices reads as ‘professional consultancy for export against export consignment as per […]

Normal depreciation is legitimate deduction in computing real income on general principles

September 5, 2021 813 Views 0 comment Print

The Music Academy Madras Vs DDIT (Exemptions) (Madras High Court) It is not in dispute that the substantial questions of law framed for consideration have been answered in favour of the assessee by the Hon’ble Supreme Court in the case of CIT vs. Rajasthan and Gujarati Charitable Foundation Poona reported in (2018) 402 ITR 0441 […]

Unabsorbed deprecation allowable against income from house property & other sources

September 5, 2021 2187 Views 0 comment Print

Hindon River Mills Ltd. Vs DCIT (ITAT Delhi) The limited issue which arises in the present appeal is whether unabsorbed depreciation available in the hands of the assessee, where the business of the assessee has been temporarily closed and the assets leased for a short period in order to tide over the losses of business, […]

Section 40A(2)(b) not invocable for Expense on Land purchase from directors based on prudent commercial decision

September 5, 2021 2367 Views 0 comment Print

CIT Vs. Adityaram Properties (P) Ltd. (Madras High Court) The sole reason for which the Assessing Officer invoked Section 40A(2)(b) of the Act is for the reason that the Directors of the company were paid Rs.3 Lakhs per cent for the purchase of the land, whereas, the lands have been sold by the assessee to […]

Madras HC stays Attachment Order and prohibits withdrawal of FDs

September 5, 2021 816 Views 0 comment Print

Deputy Director of Income Tax Vs Sigapi Muthiah (Madras High Court) Heard Mr.R.Sankara Narayanan, learned Additional Solicitor General appearing for Mr.A.P.Srinivas, learned Senior Standing Counsel for the appellant, and Mr.A.L.Somiyaji, learned Senior Counsel appearing for Mr.R.Sivaraman, learned counsel for the 1st respondent. 2. These Writ Appeals have been preferred by the Revenue, challenging the correctness […]

HC on adoption of Guideline value to determine value of a property under Gift Tax Act

September 5, 2021 1971 Views 0 comment Print

The assessee is an individual, the respondent framed an assessment under the Act for the assessment year 1991-92 on the ground that the taxable gift exceeding Rs.12 lakhs has escaped assessment and therefore, notice under Section 16 of the Act was issued on 15.07.1992.

Classification for import of Stainless Steel Scrap – CAAR rejects application as infructous

September 2, 2021 2325 Views 0 comment Print

In re  ELG India Private Limited (CAAR Mumbai) An application dated 27.09.2013 for advance ruling was filed by M/s. ELG India Pvt. Ltd. (the applicant, here-in-after) with the Secretary to the erstwhile Advance Rulings Authority, New Delhi (the AAR, here-in-after) on 15.10.2013. The issue for determination was whether the benefit of concessional rate of duty […]

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