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Interest on NPAs: RBI Directions U/s. 45Q of RBI Act prevail over sec. 145 of IT Act, 1961

July 26, 2017 2784 Views 0 comment Print

Appellant contended that section 43D of the Act itself recognises recognition of taxability of such interest and that when a specific provision in the nature of section 43D of the Act has been made, and entities like the assessee are excluded from the purview thereof, the assessee cannot indirectly claim benefit which would amount to […]

Royal Buggy used by royal family for ceremonial occasions is exempt from Wealth Tax

July 25, 2017 789 Views 0 comment Print

This appeal is filed by the assessee challenging the judgment of the Income Tax Appellate Tribunal (Tribunal for short) dated 26.9.2001. Appeal was admitted for consideration of following substantial question of law.

Principle of Mutuality applies to Club run by a Company

July 25, 2017 1314 Views 0 comment Print

This Tax Appeal is filed challenging the judgement of the Income Tax Appellate Tribunal dated 28.08.2006. The Tax Appeal has been taken up for consideration of following substantial questions of law: [A] “Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by the CIT(A) deleting the addition of […]

Period of exclusion regarding direction U/s. 142(2A) commences from the day on which AO gave a direction

July 25, 2017 822 Views 0 comment Print

(i) Whether the findings of the Tribunal are perverse in holding that for the purpose of limitation under section 158BE, the period is to be counted from the date on which the direction under section 142(2A) is served on the assessee and not from the date of issuance of direction by the assessing officer under section 142(2A) ?

Capital Gain Tax applicable on Transfers made by corporate entities under family arrangement /settlement

July 24, 2017 2208 Views 0 comment Print

This appeal under Section 260A of the Income Tax Act, 1961 (Act) challenges the order date 23.4.2002 of the Income Tax Appellate Tribunal, Nagpur (Tribunal) relating to Assessment Year 1995- 96.

Whether reassessment proceedings can be initiated on basis of CIT(A)’s directions

July 24, 2017 1290 Views 0 comment Print

It is the case on behalf of the petitioner that the assessment for A.Y 2008-2009 is sought to be reopen beyond the period of six years, solely on the directions issued by the learned CIT [A], which has been subsequently set-aside by the learned Tribunal. It is submitted that otherwise, the re-assessment proceedings beyond six years is not permissible.

No Penalty- When deeming provisions are applied for assessing income

July 24, 2017 5634 Views 0 comment Print

Hon’ble Allahabad High Court has in the case of Hariom Steels Pvt Ltd has held that penalty cannot be levied when deeming provisions are applied for assessing income.

Not asked Jethmalani to use objectionable words For Jaitley: Kejriwal

July 24, 2017 1278 Views 0 comment Print

Extract of Reply Submitted by Delhi Chief Minister Arvind Kejriwal in Delhi High Court in which he stated that  he never asked senior advocate Mr. Ram Jethmalani to pose objectionable questions to Mr. Arun Jaitley or use objectionable words while recording of evidence in the Rs. 10-crore defamation suit initiated by Mr. Arun Jaitley.

Legal Services continued to be governed by reverse charge mechanism in GST: Delhi HC

July 19, 2017 2601 Views 0 comment Print

On Further hearing in the case of J K Mittal & Company Vs. Union Of India & Ors. on 18th July 2017, Delhi High Court has held that till further orders, all legal services provided by advocates, law firms of advocates, or LLPs of advocates will be continued to be governed by the reverse charge […]

Government Subsidy: Whether Of Revenue Or Capital In Nature?

July 19, 2017 10647 Views 0 comment Print

Whether the ITAT was correct in law in holding that the amount received by the assessee by way of exemption of sales tax payments was not a trading receipt but was a capital receipt, hence not liable to tax?

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