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No tax-free income – No Disallowance U/s. 14A r.w. Rule 8D – HC

May 23, 2014 6094 Views 0 comment Print

Section 14A of the Act provides that for the purposes of computing the total income under the Chapter, no deduction shall be allowed in respect of expenditure incurred by the assessee in relation to income which does not form part of the total income under the Act.

Section 54F – Mere letter of allotment cannot be considered as investment in residential house

May 21, 2014 4915 Views 0 comment Print

Clause (4) of Sec. 54 clearly mention that the amount of net consideration which is not appropriated by the assessee towards the construction of the new asset before the date of furnishing the return of income u/s. 139, shall be deposited by him before furnishing such return (such deposit being made in any case not later than the due date applicable in the case of the assessee for furnishing the return of income under sub section (1) of Sec. 139).

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

May 19, 2014 799 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 20255 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 3651 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 5535 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 6740 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 17953 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 28657 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 6495 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

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