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Taxability of Interest on interim compensation received pending final disposal by HC

August 14, 2017 1761 Views 0 comment Print

Bombay High Court held that Interest on interim compensation received pending final disposal by the High Court is income if there is no direction given by the Court.  The source of funds to earn income cannot determine the taxability of the income earned on the capital amount which has been invested. This in the absence […]

Sec. 194J TDS not deductible on Payments for SMS Services

August 14, 2017 16536 Views 0 comment Print

1. These appeals pertain to Assessment Years 2007-­08 and 2008­-09. 2. Mr. Singh, learned Counsel for the appellant submits that the Tribunal was not justified in law to hold that the provisions of Section 194J is not applicable in respect of the payments made to M/s. Valuefirst Messaging Pvt. Ltd. for providing SMS services as […]

4 year limitation period for Re-Assessment is an Exception and not the Rule

August 14, 2017 3582 Views 0 comment Print

This is yet another case in the ever increasing number of cases filed before this Court challenging the issuance of notice under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as the Act).

Assessee cannot claim to be under reasonable belief of Income Exemption after paying Tax on the same for 40 Years

August 13, 2017 1668 Views 0 comment Print

On allowing appeals by the Revenue and / or rejection of Cross Objections filed by the assessee, the assessee moved an application seeking reference of following two questions of law for decision of this court

Onus of ensuring presence of deponent cannot be shifted to assessee

August 13, 2017 1509 Views 0 comment Print

S. 68: Statements recorded u/s 132 (4) do not by themselves constitute incriminating material. A copy of the statement together with the opportunity to cross-examine the deponent has to provided to the assessee. If the statement is retracted and/or if cross-examination is not provided, the statement has to be discarded. The onus of ensuring the presence of the deponent cannot be shifted to the assessees. The onus is on the Revenue to ensure his presence

6 Month limitation period commences from the date of receipt of order sought to be rectified by assessee

August 13, 2017 3327 Views 0 comment Print

Feeling aggrieved and dissatisfied with the impugned order passed by the learned Central, Excise & Service Tax Appellate Tribunal, West Zonal Bench, Ahmedabad (hereinafter referred to as CESTAT) dated 18/08/2015 by which the learned CESTAT has dismissed the rectification application on the ground that the said application has been preferred beyond the date of six months from the date of passing the original order, appellant has preferred the present Tax Appeal.

Gold converted in jewelery/ ornament eligible for deduction U/s. 80-IB

August 10, 2017 1680 Views 0 comment Print

Whether the Income Tax Appellate Tribunal was justified in deleting the addition made by the assessing officer by dis-allowing the deduction claimed under section 80-IB of the Income Tax Act, 1961

Kerala HC allows IT Returns filing without Quoting of Aadhaar

August 5, 2017 2469 Views 0 comment Print

Writ Petition (civil) praying inter alia that in the circumstances stated in the affidavit filed along with the WP(C) the High Court be pleased to issue an interim order, directing the respondents to allow the petitioner to file IT returns through e-filing or through Manual Filing without insisting on Aadhar number / Enrollment No., pending […]

Lawyers & Litigants-In-Person to get info of Defects in Cases via Email

August 4, 2017 729 Views 0 comment Print

Henceforth the lawyers and litigants-in-person shall also be provided with the details of defects of their filed cases via e-mail in addition to the SMS alert already being received about the defects.

Adjudicating authority obliged to examine stand of alleged Benamindar: HC

August 3, 2017 1608 Views 0 comment Print

Kailash Assudani Vs CIT (Madhya Pradesh High court) A plain reading of Sub-section (3) of Section 26 of Prohibition of Benami Property Transaction Act, 1988 makes it clear that the adjudicating authority is obliged to examine the stand of alleged Benamindar in reply to the show cause notice. He is further obliged to make further […]

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