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Lawyer fee on daily basis for business allowable as revenue expense

January 20, 2020 4221 Views 0 comment Print

The Gujarat High Court has held that the lawyer fee/legal assistance expenditure taken by the assessee on day to day basis for the purpose of business can be treated as revenue expenditure and deductable from Taxable Income.

TFM cannot be the determinative factor for classification of Soap

January 17, 2020 1731 Views 0 comment Print

Hindustan Unilever Ltd. Vs Commissioner of Central Ex. (CESTAT Kolkata) It is clear that the Revenue has suddenly taken upon itself the understanding that the Drugs & Cosmetics Act has distinguished the ‘toilet soaps’ that the content of 60% TFM and above alone are soaps and less than 60% are bath preparations which is totally […]

Inquire against officers liable for inordinate delay in Appeal Filing: SC

January 17, 2020 570 Views 0 comment Print

The applications for condonation of delay in filing and refiling will be dismissed and then direct the State administration to hold an inquiry into the aspect as to who is responsible for such inordinate delay and take suitable action against the officers concerned.

Reopening Based on change of opinion and in absence of any adverse tangible material was invalid

January 16, 2020 906 Views 0 comment Print

In such cases, assessments can be reopened only if an income assessable to tax has escaped on account of failure of the assessee to disclose all the material facts fully and truly. In other words, the AO has to demonstrate that income of the assessee has escaped assessment on account of its failure to disclose all material facts of the assessments in its income fully and truly.

Mere Outstanding loan in books cannot be reason for reopening of assessment

January 15, 2020 816 Views 0 comment Print

In the given case, the Petitioner who is a regular income tax assessee filed her return of income for the AY 2011-12. The Assessing Officer issued under section 133(6) of the Act, called for certain information from the assessee.

GST order not valid if passed without opportunity of hearing to assessee

January 14, 2020 1911 Views 0 comment Print

HC find that the order dated 26.09.2018 to be not assigning any reasons whatsoever. Also, HC noticed that prior to passing of the impugned order, no opportunity of hearing was ever afforded to the writ-petitioner. As such, there was gross violation of principles of natural justice in passing of the impugned order.

Demurrages for delay in project execution- HC remanded matter back to ITAT

January 10, 2020 579 Views 0 comment Print

The Estate Vs ACIT (Karnataka High Court) In the given case the appellant is a partnership firm which is engaged in the business of real estate development, construction and sale of flats under the name and style of ‘The Estate’. The appellant filed its original return of income declaring its total income of Rs. 95,04,431/- […]

SC allows withdrawal of SLP with pending applications due to low tax effect

January 9, 2020 999 Views 0 comment Print

Learned counsel for the petitioner, on instructions issued by the Department of Revenue, Ministry of Finance vide F. No. 390/Misc./116/2017-JC dated 22.08.2019, seeks permission to withdraw this special leave petition along with pending applications therein due to low tax effect.

HC justifies addition of interest related to transaction with related party done with intention of deliberate tax evasion

January 8, 2020 954 Views 0 comment Print

It has also been held that the appellant has deliberately created an artificial and colourable devise for reducing its income offered for taxation through an arrangement of letter of credit and thus, the deduction claimed by the assessee on account of interest paid to the bank and also to its creditors are not allowable.

Agriculture land situated beyond 8 kms is not Capital Asset & Section 50C not applies

January 8, 2020 10989 Views 0 comment Print

DCIT Vs Shri Ravjibhai Manibhai Patel (ITAT Ahmedabad) If an agriculture land is situated beyond 8 kms. from the local limit of any municipal or cantonment area, whose population is more than Rs.10 lakhs, then that would not fall within the ambit of definition ‘capital assets. This demarcation of the geographical situation of the land […]

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