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All High Courts

Sec 292B can’t be cure Non-application of mind in issue of Re-Assessment Notice

February 7, 2018 1680 Views 0 comment Print

Smt. Kalpana Shantilal Haria Vs. Assistant CIT (Bombay High Court) There can be no dispute with regard to the application of Section 292B of the Act to sustain a notice from being declared invalid merely on the ground of mistake in the notice. However, the issue here is not with regard to the mistake / […]

Sec. 12AA Cancellation of Registration of society which collects huge fees although formed to run the dental college without any fees from students is justified

February 7, 2018 3051 Views 0 comment Print

Bhim Rao Ambedkar Educational Society Vs. CIT (Exemption) (Allahabad High Court) A categorical finding has been recorded that Society is not being run according to the objects, i.e., free health education and establishment of dental college without fee. He also pointed out that a Society if charging nominal fee to maintain its expenses etc., it […]

Deduction u/s. 54F not available on unutilized consideration not deposited in specified accounts before due date

February 6, 2018 1890 Views 0 comment Print

Where assessee sold certain property and utilized a part of the consideration towards purchase of new house, however, failed to deposit unutilized consideration in specified accounts before due date under section 139(1), AO was justified in restricting deduction under section 54F proportionately.

GST regime is not tax friendly, observes Bombay High Court

February 6, 2018 2982 Views 1 comment Print

A tax like Goods and Services Tax was highly publicised and termed as popular. We had yet not seen a celebration of New Tax regime, but that has followed with great hue and cry. These celebrations mean nothing.

Compounding Fee not become illegal or arbitrary just because it exceeds principal and interest amount

February 6, 2018 8307 Views 0 comment Print

While upholding the compounding guidelines issued by the Central Board of Direct Taxes (CBDT), a division bench of the Delhi High Court held that the amount of compounding fee can be more than the principal amount if there is willful default in the payment of tax on the part of the assessee.

CIT cannot assess objects vis-a-vis donation at registration Stage

February 6, 2018 465 Views 0 comment Print

Section 12A of the Income Tax Act nowhere empowers the Commissioner of Income Tax to assess the objects vis-a-vis the donation received by the Charitable Trust in the first year of its establishment. At the stage of Section 12A the Commissioner is not to examine the application of income.

GST regime is not tax friendly & GST Website must provide easy access to Taxpayer: Bombay HC

February 6, 2018 15753 Views 9 comments Print

A tax like Goods and Services Tax was highly publicised and termed as popular. We had yet not seen a celebration of New Tax regime, but that has followed with great hue and cry. These celebrations mean nothing. The special sessions of Parliament or special or extraordinary meetings of Council would mean nothing to the assessees unless they obtain easy access to the website and portals.

Medical college collection Huge Capitation Fee as Anonymous Donations – HC disallows Tax exemption

February 5, 2018 1590 Views 0 comment Print

M/s Navodaya Education Trust Vs Sri. Sunki Rajender Reddy (Karnataka High Court) The petitioner – Trust in question having the cloak of an Educational Trust, to enjoy the exemption from Income Tax obtained the approval under Section 10(23-C) of the Act, was thoroughly misused and abused by the Trustees who appear to be Members of […]

Filing of cross-objection after 4 years is not proper after acceptance of dis allowance

February 5, 2018 621 Views 0 comment Print

Belated cross-objections– by over four years, in the opinion of the Court, meant that the appellants were seeking to rake up stale issues for which they had accepted the finality as regards their tax liability.

Inability to pay Pre- Deposit can’t be ground to entertain a Writ Jurisdiction

February 5, 2018 1497 Views 1 comment Print

In the case of Sun mac Enterprises vs. The Commissioner of Central Excise, the Madras High Court held that inability to pay pre- deposit of 7.5 percent before the Commissioner (Appeals) cannot be a fit ground for invoking writ jurisdiction under Article 226 of the Constitution of India.

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