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Mere instance of reduction in shares of profit of a partner resulting in increase in share of profit of another by itself will not constitute a ‘gift’

December 15, 2017 1905 Views 0 comment Print

A division bench of the Kerala High Court recently held that a mere reduction in the shares of one partner, resulting in proportionate increase of shares of another partner would constitute a gift for the purpose of taxation under Section 4 (1) (a) of the Income Tax Act.

Mere Non-Filing of C Form or Defects in its declaration would not Attract Penalty

December 15, 2017 2025 Views 0 comment Print

There is no allegation of any suppression of turnover. It is only with regard to non filing of Form C declaration or certain defects in Form C declaration. Thus, it is not a case where any penalty can be levied more so when there was no proposal in the revision notice dated 28.05.2007.

Notice for reopening U/s. 148 cannot be issued in absence of fresh material

December 15, 2017 3480 Views 0 comment Print

An issue which had been examined in detail during original assessment itself, could not be re-examined in exercise of powers of reassessment, therefore, notice under section 148 was set aside.

Terminal Excise Duty payment is not Valid reason to deny Refund

December 14, 2017 1365 Views 0 comment Print

Explore the Ministry of Mines’ 2024 amendments to Mineral Auction Rules. Changes in bid submissions, upfront payments, and performance security.

Interest on FD having no immediate nexus with business is taxable as Income from other sources

December 13, 2017 4824 Views 0 comment Print

Where interest on Fixed Deposit Receipt had no immediate nexus with the business of assessee and business was yet to commence, then so long as assessee had no business income, the interest earned could not be treated as business income and it had to be treated as ‘Income from other sources’.

HC Slams Central Excise Dept for delay in Court Proceedings due to frequent change in it’s panel lawyers

December 13, 2017 624 Views 0 comment Print

There is delay being caused in Court proceedings by the Central Excise Department as it keeps on changing it’s panel lawyers from date to date. Today, when this matter was called out Sri Praveen Kumar, Advocate informed the Court that though he is also a panel lawyer but the file of this case has been now allotted to someone else.

Port Trust is a dealer liable to sales tax under Bombay Sales Tax Act 1954: HC

December 13, 2017 1236 Views 0 comment Print

judgment of the Supreme Court in Cochin Port Trust holds the field. We are accordingly of the view that the Port Trust falls within the definition of dealer and is liable to sales tax under the Bombay Sales Tax Act 1954.

Proceedings under Bihar VAT & IPC are Independent to each other: HC

December 13, 2017 2049 Views 0 comment Print

The Patna High Court, in a recent ruling, held that the prosecution in criminal law and proceedings arising under the Bihar Value Added Tax Act, 2005 are undoubtedly independent proceedings and, there is no impediment in law for the criminal proceedings to proceed even during the pendency of the proceedings under the Bihar Value Added Tax Act, 2005.

Voluminous documents produced by Assessee cannot be discarded merely on the basis of statement of two individuals

December 10, 2017 981 Views 0 comment Print

Pr CIT Vs Paradise Inland Shipping Pvt. Ltd (Bombay High Court) Once the Assessee has produced documentary evidence to establish the existence of such Companies, the burden would shift on the Revenue-Appellants herein to establish their case. In the present case, the Appellants are seeking to rely upon the statements recorded of two persons who […]

Sec 54B exemption cannot be denied for Investment made in Spouse name

December 8, 2017 3378 Views 0 comment Print

On the ground of investment made by the assessee in the name of his wife, in view of the decision of Delhi High Court in Sunbeam Auto Ltd. and other judgments of different High Courts,the word used is assessee has to invest it is not specified that it is to be in the name of assessee.

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