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Residential unit of 8ft x 8 ft dimensions cannot be treated as Building – Section 54

May 19, 2014 994 Views 0 comment Print

he exemption u/s 54 was not allowed as what was transferred is a residential unit with 8ft x 8 ft dimensions and holding that such structure cannot be treated as building. However, exemption u/s 54F was allowed to the extent of amount spent within six months from the date of transfer of the asset.

Supply & Installation of Lifts is a Works Contract – SC

May 15, 2014 21818 Views 0 comment Print

The Constitution bench of the Supreme Court in the case of M/S. Kone Elevator India Pvt. Ltd. vs. State of Tamil Nadu and Ors. (Writ Petition (C) No. 232 OF 2005) vide its order dated 6.5.2014 has overruled the decision of the three-Judge bench in the case of State of A.P. v. Kone Elevators (India) Ltd, reported at (2005) 3 SCC 389.

No Penalty for concealment under normal provisions if book profits U/s. 115JB assessed

May 14, 2014 3831 Views 0 comment Print

Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is legally justified in cancelling the penalty levied under Section 271(1)(c) inspite of the fact that the assessee did not furnish any explanation either before the Assessing officer

Postal ballot & e-voting cannot dispense general meeting – HC

May 13, 2014 5955 Views 0 comment Print

Bombay high court in scheme of amalgamation between Wadala Commodities Limited with Godrej Industries Limited has passed a judgment on postal ballot and e-voting. Court has observed that postal ballot and e-voting is an additional facility and cannot have the effect of dispensing the general meeting at all.

New Companies Rules not binding till Publication in official gazette – HC

May 13, 2014 7385 Views 0 comment Print

Bombay High Court in scheme of amalgamation between Wadala Commodities Limited with Godrej Industries Limited has stated that gazetted copy of many MCA rules are not available, hence in the opinion of the court they are not binding so far or at least from 1st April 2014.

Appeal once filed cannot be withdrawn

May 12, 2014 19540 Views 0 comment Print

There is no provision in the Income Tax Act, 1961 which permits withdrawal of an appeal, once it is filed, and registered. In other words, once right of appeal is exhausted, by party concerned, and the appeal is filed before appropriate Appellate Authority, who after receiving same has registered it, I find no provision in the statute permitting withdrawal thereof.

Revised SC guideline in Cheque Bounce Cases U/s. Section 138 (NI Act)

May 11, 2014 29269 Views 0 comment Print

Notice via email also- MM/JM should adopt a pragmatic and realistic approach while issuing summons. Summons must be properly addressed and sent by post as well as by e-mail address got from the complainant.

Section 80HHC- SC Explains meaning of Turnover- Sale proceeds of scrap is not ‘turnover’

May 11, 2014 7194 Views 0 comment Print

So far as the scrap is concerned, the sale proceeds from the scrap may either be shown separately in the Profit and Loss Account or may be deducted from the amount spent by the manufacturing unit on the raw material, which is steel in the case of the respondent-assessee

No disallowance U/s. 14A for investment in shares of subsidiaries & Joint Ventures

May 4, 2014 4337 Views 0 comment Print

For the year under consideration the assessee has specifically raised a point before the AO that 97.82% of the investment is in the subsidiary companies and joint venture companies and, therefore, no expenditure was incurred for maintaining the portfolio on these investments

VCES application rejection for Delay or Short Payment of taxes valid – HC

May 1, 2014 4575 Views 0 comment Print

The High Court of Ahmedabad held in the case of Ramilaben Bharatbhai Patel v. Union of India that in exercise of writ jurisdiction, the High Court does not have power to waive or relax the condition of depositing 50% of tax dues by December 31, 2013 under the Service Tax Voluntary Compliance Encouragement Scheme, 2013.

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