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Initiation of Penalty Proceeding U/s. 271(1)(c) in absence of clear finding is invalid

July 13, 2017 5049 Views 0 comment Print

Pr CIT Vs. Baisetty Revathi (Andhra Pradesh High Court) In the present case, the assessee seems to have submitted her explanation on merits without raising a doubt as to what was the precise allegation leveled against her. However, we are more concerned with the principle involved and not just the isolated case of its application […]

Assessee entitled for Deduction U/s. 80GGB first time claimed before CIT(A) related to donation to political parties

July 13, 2017 2874 Views 0 comment Print

Where assessee made donation to political parties, same was not claimed as a deduction nor claimed by filing a revised return nor made a claim before the AO but same was claimed first time before the CIT(A), assessee was entitled to deduction.

Income of NRI not taxable merely for receipt in NRE account

July 13, 2017 8877 Views 0 comment Print

Income of the assessee constituted earning outside India while the assessee was an NRI and mere receipt of the said sum in the assessee’s NRE account would not subject it to tax under the 1961 Act.

PIL seeking to defer GST Roll out dismissed by Bombay HC

July 13, 2017 1119 Views 0 comment Print

Petitioner cannot urge and/or seek directions to the respondents to postpone the decision to implement GST with effect from 1.7.2017, for simple reason that herein levy and collection of taxes on goods and services has sanction of law.

TDS U/s. 194H not deductible on sales to distributors on principal to principal basis

July 11, 2017 4083 Views 0 comment Print

Hindustan Coca Cola Beverages Pvt. Ltd Vs. CIT (Rajasthan High Court) Issues Under Consideration (i) Whether in the facts and circumstances of the case the learned Tribunal was right and justified in holding that assessee was liable to withhold tax at source under S.194H of the Income Tax Act, 1961 amounting to Rs.19,74,842/- (including interest) […]

Notice not become invalid for Mere non mention of ‘section 143(2)’ in it calling upon assessee to defend its case

July 11, 2017 2049 Views 0 comment Print

In this appeal, the assessee calls in question the order passed by the Income Tax Appellate Tribunal, Cochin Bench in I.T.A.No.375/14 for the assessment year 2005-2006.

CIT can refuse to grant registration to Charitable trust only if he is not satisfied with Genuineness of its activities

July 11, 2017 1002 Views 0 comment Print

CIT (Exemptions) Vs. Lord Krishna Charitable Trust (Punjab and Haryana High Court) Section 12AA prescribes the scope and ambit of the enquiry that the CIT is authorized to carry out at the time of grant of registration to a trust or institution. The scope of the enquiry revolves around the nature of the objects and […]

Inadequacy of consideration is not a ground for cancelling of a contract

July 9, 2017 8688 Views 1 comment Print

Unfortunately undervaluing of immovable properties so as to either pay less stamp duty or for other reasons of concealment of income etc, is ripe in this country, however, the appellant/plaintiff cannot take any benefit of the same in view of the provision of Section 25 of the Indian Contract Act, 1872 and which specifies that inadequacy of consideration is not a ground for cancelling of a contract. In any case, it is very much possible that the declared consideration need not have been the actual consideration, and which of course this Court does not deal with or is not concerned with in view of the categorical provision of Explanation II to Section 25 of the Indian Contract Act.

Whether tax U/s. 221 of the IT Act takes within its ambit interest component?

July 9, 2017 2307 Views 0 comment Print

Section 221 of the Income Tax Act, 1961, prescribes penalty according to its provisions when an assessee is in default or is deemed to be in default in making a payment of tax.

Appeals Filed U/s. 10F of Companies Act 1956 cannot be condoned after 60 days

June 23, 2017 3846 Views 0 comment Print

In view of Companies Act, 1956 being a special statute and upon considering the language of section 10-F, in my view it is clear that the Company Court has no power to condone delay beyond the period of 60 days.

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