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All High Courts

Gift tax not applicable on share transfers or transfer of property to effectuate a settlement

March 7, 2018 2034 Views 0 comment Print

The difference between the market value of the shares and the value of the transfer was held to constitute deemed gift under Section 4 and that amount was brought to tax. The Gawahati High Court found that the transfer was pursuant to a family settlement and stated that the provisions of the Gift Tax Act would not be applicable.

HC held expense on Repair & Maintenance by Rambagh Palace Hotels as Revenue in Nature

March 7, 2018 1713 Views 0 comment Print

The Delhi High Court recently ruled that the repair and maintenance expenditure incurred by a Hotel is revenue expenditure under the Income Tax Act.

Kerala HC explains What is an error apparent on the face of record

March 7, 2018 34968 Views 0 comment Print

CIT Vs. Younus Kunju (Kerala High Court) It needs no repetition that a judgmental error is not a review able error, nor can it be termed an error on the face of record. Error in reasoning or, for that matter, in applying law to facts is an appeal able error. And that power of appeal […]

S. 2(22)(e) deemed dividend not applicable on amount received from Subsidiary Co. as part of Regular Business Transactions

March 6, 2018 8889 Views 0 comment Print

CIT Vs. M/s Malayala Manorama Co. Ltd. (Kerala High Court) Amounts under the disputed heads were being received by the Assessee from its Subsidiary Company only as part of regular business transactions, which was being accounted properly. The change in circumstance, as to the distribution of dailies/publications in the Gulf, causing the same to be […]

“Liability of Director after Strike off’ and ‘Wound up of Company after Strike off”

March 6, 2018 36846 Views 1 comment Print

In this flash editorial author discusses the provisions of liability of directors after strike off of Company or winding up of Company by tribunal after Struck off in the record of Registrar of Companies.

TDS on payment to Carrier under contracts for transporting petroleum products in business is deductible U/s. 194C and not U/s./ 194I

March 6, 2018 5469 Views 0 comment Print

Assessee is obliged to deduct tax on the payment made by it to the Carrier under the contracts for transporting the petroleum products in the business in which the respondent assessee is engaged. On the one hand, it is the case of the appellant Department that the case of the respondent assessee falls under Section 194-I of the Income Tax Act, 1961 . On the other hand, the case of the respondent assessee is that its case falls under Section 1 94C of the Act.

Service Tax on Composite Work of Engineering Design and Construction

March 6, 2018 3546 Views 1 comment Print

Instant Civil Miscellaneous Appeal is filed against the order dated 30.04.2008, passed by the Customs, Excise, and Service Tax Appellate Tribunal, South Zonal Bench, Chennai in Final Order No.434/2008.

Bombay HC Criticizes Advocates for Unethical Conduct and facilitating unethical misadventures of their clients

March 5, 2018 1956 Views 0 comment Print

Certain Advocates have forgotten the code of eithcs. They facilitate the unethical misadventures of their clients, encouraging their clients dishonest practices, causing grave stress to the Judiciary, and bringing the entire judicial system to disrepute.

Kerala HC allows department to cancel compounding scheme wrongly allowed with instruction to allow input credit on purchases

March 5, 2018 1605 Views 1 comment Print

The appeals are filed against the judgment of the learned Single Judge, affirming the right of the petitioner to pay tax under the compounding scheme. The respondent assessee is engaged in the manufacture and sale of ice-creams. The assessments were of the year 2015-2016 and 2016-2017.

Provision made by Bank for Interest on Overdue Deposits is allowable expense

March 5, 2018 3534 Views 0 comment Print

In the case of Oriental Bank of Commerce VS Additional Commissioner of Income Tax, Delhi High Court has held that provision made by bank for interest on overdue deposits can’t be disallowed.

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