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All High Courts

Poultry Feed Supplements are classifiable as Poultry Feed and not as medicines or drug

November 17, 2017 4623 Views 0 comment Print

Now it is well settled that as also need of common parlance that an animal feed supplement or cattle feed supplement or poultry feed supplement or balanced cattle feed or poultry feed is actually used as energy nutrients as well as nutrients rich with substance needs for strengthening the body and its development so that a person engaged in such farming may have good yield of cattles and poultry as the case may be.

Transfer of Income Tax File without application of mind is un-sustainable

November 17, 2017 1350 Views 0 comment Print

Since the parties in these Writ Petitions are one and the same and the relief sought herein are inter-connected, all these Writ Petitions were taken together and disposed of by this common order.

HC denied stay on collection of Tax on failure of appellant to pay tax which was suo motto agreed to be paid by appellant

November 15, 2017 930 Views 0 comment Print

This Court finds that when the petitioner had agreed to comply with the payment of disputed tax at the rate of Rs. 50 lakhs per month, they are bound to comply with such an undertaking. Now arguing before this Court pleading their financial incapacity or requesting this Court to examine the merits of the assessment is unsustainable, as this Court finds that there is no error in the impugned order.

Sec. 11 Interest on donation exempt if same forms part of corpus on donor instruction

November 15, 2017 2991 Views 0 comment Print

CIT Vs M/s Mata Amrithandamayi Mata (Kerala High Court) A reading of Section 11 shows that subject to the provisions of Sections 62 and 63, the incomes enumerated therein shall not be included in the total income of the previous year of the person in receipt of the income. The person in receipt of the […]

Assessment Solely on the basis of Case Study / electricity consumption under TNGST Act is invalid

November 15, 2017 1926 Views 0 comment Print

Probably, the case study can be a reason for issuing a revision notice, but that cannot be the sole basis for completing the assessment. Repeatedly, Courts have held that electricity current consumption charges cannot be a basis for revision of turnover.

Mere claim for rebate would not amount to furnishing inaccurate particulars: Madras High Court

November 14, 2017 939 Views 0 comment Print

Gopalratnam Santha Mosur Vs ITO (Madras High Court) The petitioner was the co-owner of the immovable property situated in Tamil Nadu and she had sold the property and paid the entire capital gain tax applicable in respect of the transaction. The petitioner thereafter claimed 50% of the capital gains tax as rebate under Indo-Canadian DTAA. […]

Recording of satisfaction U/s. 153C when AO of Appellant & Searched Person is common

November 14, 2017 1815 Views 0 comment Print

Since satisfaction note was recorded by AO of searched person who also happened to be AO of assessee (other person) as well to effect that seized documents belonged to assessee, issuance of notice under section 153C on basis of such note was justified.

HC allows withdrawal of Maha-RERA Office Order defining ‘Co-Promoter’

November 14, 2017 2217 Views 0 comment Print

The petitioner had questioned and challenged the validity of office order dated 11th May, 2017 passed by the Secretary, Maharashtra Real Estate Regulatory Authority (hereinafter referred to as Maha­ RERA for short). In the impugned order the Maha­ RERA observed that since the term ‘Co­ promoter’ is not defined in the Act,Rules or Regulations, it […]

While deciding stay application Tribunal can only consider prima facie case of merits: HC

November 13, 2017 1257 Views 0 comment Print

Bombay High Court held in the case of Maharashtra State Road Transport Corporation Vs Commissioner of Central Service that While deciding an application for stay of demand, the Appellate Tribunal can only consider the prima facie case of merits. It cannot give a final finding on the merits and decide the appeal itself

Section 271(1)(c) Penalty cannot be imposed in absence of Disallowance

November 13, 2017 3822 Views 0 comment Print

It is abundantly clear that the very basis of the penalty proceedings was set aside by the Tri­bunal in an appeal against the assessment order. There was no addition of income. On the contrary, the case of the assessee, which was negated by the assessing officer of carrying on the business of draft discounting, is accepted by the Tribunal. Explanation 1 to section 271(1)(c) of the Act, in the facts and circumstances of the present case, would not arise.

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