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SC awards death sentences to four convicts in Nirbhaya case

May 6, 2017 1464 Views 0 comment Print

If the dreadfulness displayed by the accused in committing the gang-rape, unnatural sex, insertion of iron rod in the private parts of the victim does not fall in the ‘rarest of rare category’, then one may wonder what else would fall in that category. On these reasoning recorded by me, I concur with the majority in affirming the death sentence awarded to the accused persons.

Refusal to accept notice sent by post is deemed service of notice

May 6, 2017 17157 Views 0 comment Print

Admittedly, in the present case, there is an endorsement on the packet which was sent to the address of the noticee, namely, the sole proprietor; that the sole proprietor received it but refused to accept the same. When it was sent by R.P.A.D. to the address, it was returned by the postal authorities with the […]

Interest on FD interest used as LC Margin Money for Industry set-up is taxable as Other Income

May 5, 2017 6126 Views 0 comment Print

In the case in hand, it is not in dispute that the assessee had income of interest through FDRs and while setting off that the Assessing Officer as well as the ITAT did not examine the aspect as to under which provision the assessee claimed deduction or set off his income from other sources against […]

Compensation paid for loss to clients due to negligence of employees of assessee is allowable expense

May 5, 2017 2805 Views 0 comment Print

Circular No. 35 issued by Board clearly states the losses arising due to negligence of employees has to be allowed as expense if the loss took place in the normal course of the business and the amount involved was necessarily kept for the purpose of business. In the present case, the losses were necessarily incurred in the normal course of business of assessee and therefore, the expenditure was allowable.

Large amount spent on repair and maintenance having no enduring benefit allowable as expense

May 3, 2017 10095 Views 0 comment Print

Expense was classified under the head major repair and maintenance on the ground that the large expense was spent on repair and maintenance but the fact is that there was no enhancement in the capacity of the plant and machinery as well as no increase in the efficiency.

HC cannot entertain appeals related to determination of disputes relating to tax ability of services or excisability of goods

May 3, 2017 2232 Views 0 comment Print

Section 35L is being amended so as to clarify that determination of disputes relating to tax ability or excisability of goods is covered under the term ‘determination of any question having a relation to rate of duty’ and hence, appeal against Tribunal orders in such matters would lie before the Supreme Court.

Search Assessment void if no Incriminating Material found during Search

April 30, 2017 2469 Views 0 comment Print

In the absence of any incriminating material unearthed during the course of search, the AO had no jurisdiction to initiate proceedings u/s 153A of the Act when no assessment proceedings were pending for this.

Burden of proving Genuineness of Anonymous Donation is on Trust

April 30, 2017 2469 Views 0 comment Print

Assessee to prove that it is covered by exceptions to chargeability to tax as is provided by provisions of Section 1 15BBC of 1961 Act, namely that the assessee maintained a record of the identity indicating the name and address of the person making such contribution and such other particulars as may be prescribed or else it is a religious trust.

Expenditure on website is revenue in nature and is allowable

April 30, 2017 1824 Views 0 comment Print

Delhi High Court in the case of CIT vs. Indian Visit Com Pvt Ltd (176 Taxman 164) held that in case of expenditure on website, there is no change in the fixed assets of the assessee and no asset has been created but it is a tool for facilitating the business of the assessee and therefore, held expenditure of website to be of revenue nature.

Value of broken bottles need not be reduced from WDV to calculate STCG

April 30, 2017 1173 Views 0 comment Print

Value of the broken bottles need not be reduced from the written down value for the purpose of calculation of short term capital gains arising from sale of bottles.

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