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All High Courts

Bogus purchase: Addition should be of income component only

March 12, 2018 21507 Views 2 comments Print

During search proceedings certain blank cheques and blank bills were found from assessee’s premises of the parties from whom purchases were made, and AO made addition of entire purchase from these parties, Tribunal was justified in holding that addition of 25% amount as income would suffice.

Disallowance of expenses cannot be made by mere intimation U/s. 143(1)(a)

March 11, 2018 6183 Views 0 comment Print

Bajaj Auto Finance Ltd. Vs. CIT (Bombay High Court) While mere making of provision for bad debts will not by itself (on application of amended law) entitle the party to deduction, yet it would be a matter where the assessee should be given an opportunity to establish its claim. This by producing its evidence of […]

Allowance of bad debt depends on how it is reflected in accounts

March 10, 2018 4053 Views 0 comment Print

Allowance of bad debt depends on how it is reflected in accounts

Samosa is Cooked Food not Namkeen: Uttarakhand HC

March 9, 2018 4833 Views 0 comment Print

In this case, we are concerned with the question as to whether Samosa is to be treated as namkeen or cooked food and we are not asked to pronounce upon whether it is to be treated as unclassified items, the choice is narrowed down to whether it is to be treated as namkeen or as cooked food.

Non-Adjustable Deposit for Acquisition of Membership paid to NSE is Capital Expenditure

March 9, 2018 1251 Views 0 comment Print

In the case of M/s Abhipra Capital Limited vs Deputy Commissioner of Income Tax (Investigation), the Delhi High Court held that amount paid to National Stock Exchange (NSE) as non-adjustable deposit for acquisition of membership cannot be treated as revenue expenditure and the same would be termed as capital expenditure.

No Exemption U/s. 10(37) if no agricultural activity during last two years prior to date of acquisition of agricultural land

March 9, 2018 11520 Views 0 comment Print

Ajesh Kumar Agrawal Vs. CIT (Rajasthan High Court) What is to be considered is that for being granted benefit under sub-section (37) of section 10 of the Act, the land in question should have been put to agricultural use by the assessee for the preceding two years. Even if we accept the contention of the […]

Repeal of KVAT Act would not affect proceedings initiated by Authorities

March 8, 2018 1377 Views 0 comment Print

Abhay Solvents Private Limited Vs Assistant Commissioner of Commercial (Karnataka High Court) In terms of Section 174(1)(f), it is clear that the repeal of the Act specified in Section 173 shall not affect any proceedings including that relating to an appeal, revision, review or reference, instituted before, on or after the appointed date, under the […]

Dissemination of yoga or vedic philosophy is medical relief’ U/s. 2(15)

March 8, 2018 1062 Views 0 comment Print

Dissemination of Yoga or vedic philosophy or the practice of yoga or education with respect to yoga was well within the larger term ‘medical relief’ as covered within section 2(15).

CESTAT should not exercise its discretionary power in whimsical and arbitrary manner

March 8, 2018 900 Views 0 comment Print

Whether the Customs, Excise and Service Tax Appellate Tribunal (Tribunal) was right in exercising discretion and in refusing to admit the appeal preferred by the appellant in exercise of discretion vested under proviso (iii) to sub­section (1) of Section 129A of Customs Act, 1952 (Act, for short)?

Certificate U/s. 80G would not automatically lead to exemption from purview of Payment of Bonus Act, 1965

March 7, 2018 1623 Views 0 comment Print

Batra Hospital Employees Union Vs. Batra Hospital & Medical Research (Delhi High Court) It would be hazardous to presume that every organization, which is certified under Section 80-G of the Income Tax Act, would, of necessity, be entitled, ipso facto, to immunity from the applicability of the Payment of Bonus Act. There is substance, in […]

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