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Dept. cannot recover tax arrears of deceased Assessee from Personal Properties of Spouse

January 15, 2018 16092 Views 0 comment Print

Two-judge bench of the Gujarat High Court comprising Justice Akil Kureshi and Justice A.Y. Kogje in the case of Meena Krishna Agarwal Versus Assistant Commissioner decided that Tax Arrears of a deceased assessee cannot be recovered out of the personal properties of wife.

When the very basis of the reopening of the assessment having been eroded, notice under section 148 quashed in the case of Oracle

January 14, 2018 3642 Views 0 comment Print

When the very basis of the reopening of the assessment having been eroded, notice under section 148 quashed in the case of Oracle

Addition justified if creditworthiness of parties & genuineness of transaction not established

January 11, 2018 2199 Views 0 comment Print

Hon’ble High Court held that  addition on account of undisclosed income is sustainable where creditworthiness of parties and genuineness of transaction was not established by assessee.

Building under construction cannot be taxed as deemed let out property

January 11, 2018 3813 Views 0 comment Print

Building being under construction during relevant previous year, the same could not be taxed applying provision of Section 23(1)(c) of Income Tax Act, 1961.

In absence of provisions Penal Interest can’t be Levied under Tamil Nadu Tax on Luxuries Act, 1981

January 10, 2018 2145 Views 0 comment Print

While hearing the case between Tvl. Hotel Peacock vs. The Commercial Tax Officer, Madras High Court proclaimed in its recent order that penal interest can’t be levied under Tamil Nadu Tax on Luxuries Act 1981 since there is lack of provision.

Amendment in sec 43B is curative in nature and applies retrospectively

January 10, 2018 3786 Views 0 comment Print

Hon’ble Allahabad High court has in the case of M/S Simbhauli Sugar Mills Ltd in ITA No 607 of 2011 has held that amendment is sec 43B is curative in nature and would apply retrospectively.

Govt depts should avoid unnecessary litigation in Constitutional Courts just for the sake of proving their fictional desires: HC

January 9, 2018 1359 Views 1 comment Print

Revenue authorities and other Government Departments should not avail constitutional remedies for not good reasons, waste the public money and time of constitutional court for frivolous writ petitions

Validity of differential Stamp duty on Instruments executed outside Maharashtra under Bombay Stamp Act, 1958

January 9, 2018 20853 Views 0 comment Print

The Indian Hume Pipe Co. Ltd. Vs. State of Maharashtra (Bombay High Court)  The bench noted that, in the present case, the deed is used in the State of Maharashtra for registering a charge by lodging a verified copy of the deed in the office of the Registrar of Companies in accordance with sections 125 […]

HC penalizes VAT officials for Illegal Search and Seizure

January 8, 2018 2181 Views 0 comment Print

Teleworld Mobiles Pvt. Ltd. Vs. Commissioner Of Trade & Taxes (Delhi High Court) Counsel for the respondents have submitted that illegality of seizure or survey or investigation would not affect admissibility and relevancy of the evidence collected. The said evidence as per the respondent is admissible and decisions in M. Malkani versus State of Maharashtra, […]

Obligation to collect TCS cannot be extended to Octroi: HC

January 6, 2018 6636 Views 0 comment Print

Section 206C(1C) of the Act only obliges a person to collect tax from its agents/licensee who collects a toll on its behalf. The obligation to collect tax under Section 206C(1C) of the Act cannot be extended to collection of octroi.

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