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No more adjournments, No more ‘tareek pe tareek’: Bombay HC

February 27, 2018 15369 Views 2 comments Print

No more adjournments. No more tareek pe tareek. Enough is enough. That a Court will endlessly grant adjournments is not something that parties or advocates can take for granted. Nor should they assume that there will be no consequences to continued defaults and unexplained delay

Invocation of Explanation 7 to Section 271(1)(c) in blanket manner is contrary to purpose for which it was engrafted in statute

February 27, 2018 1668 Views 0 comment Print

In the absence of any overt act, which disclosed conscious and material suppression, invocation of Explanation 7 to s. 271(1)(c) in a blanket manner could not only be injurious to the assessee but ultimately would be contrary to the purpose for which it was en grafted in the statute.

Interest Tax applicable on finance charges from hire purchase of vehicles

February 26, 2018 4941 Views 0 comment Print

Finance charges like interest received from hire purchase of vehicles are like other interest subject to tax under the Interest Tax Act, the Kerala High Court has said.

TDS was not applicable on Hiring of Vehicles prior to Amendment in Sec 194-I

February 26, 2018 2661 Views 0 comment Print

CIT Vs. M/s. Pioneer Personalized Holidays Pvt. Ltd (Kerala High Court) Section 194C of the Act speaks of any payment made to any resident, referred to as a contractor, for carrying out any work including supply of labour, in pursuance of a contract between the contractor and a specified person. Here, the contract if at all, […]

Formulate rational policy for processing IT Returns sent to AO: HC

February 26, 2018 1260 Views 0 comment Print

Yet again, Section 143(1D) of the Income Tax Act came under the scrutiny of a Constitutional Court. This time, it was the High Court of Bombay, which held categorically while considering many writ petitions in Tata Projects Limited vs. Deputy Commissioner of Income Tax Range 2(3)(2) & Ors., that Section 143(1D) of the Income Tax Act

TDS on hired vehicles u/s 194I or under 194C ?

February 26, 2018 184410 Views 2 comments Print

Hiring of vehicles does not fall within the ambit of Section 194C of the Act. From 01.06.2007 definitely deduction would have to be made at source even for hiring of vehicles as Section 194-I of the Act stands amended to bring in such transactions also.

Exemption U/s. 54B for investment / document Registration in spouse name allowable

February 26, 2018 17502 Views 0 comment Print

In all these appeals common question of law and facts are involved hence they are decided by this common judgment.

Registration U/s. 12A/ 12AA can be denied to Trust not applying its income for Charity

February 25, 2018 2673 Views 0 comment Print

Norka Roots Vs. CIT (Kerala High Court) As per Section 12AA of the Income Tax Act, the Commissioner is empowered to call for documents or information from the assessee, which are necessary to satisfy the authority about the genuineness of the activities of the institution. The Division Bench of this Court had also directed that […]

Royalty for use of Dabur brand by Overseas Subsidiary is an international transaction and TP Adjustment can be applied

February 25, 2018 2151 Views 0 comment Print

A two-Judge Bench of the Delhi High Court in Dabur India Ltd. vs. Pr. Commissioner of Income Tax held that Transfer Pricing adjustment is applicable to overseas subsidiary despite of receiving any royalty.

Share Application Money: Addition U/s. 68 not justified if AO not enquired on details submitted by Assessee

February 24, 2018 3465 Views 0 comment Print

CIT (Central) Vs. M/S Russian Technology Center (P) Ltd. (Delhi High Court) The preceding enumeration of the circumstances of the case show that the assessee had furnished all relevant data before the AO and the CIT(A), which, however, were not inquired into by the AO. Instead he obdurately adhered to his first impression and/or initial […]

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