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All High Courts

Loss / Gain on Foreign Currency Translation is notional debit/credit and not subject to Income Tax

April 21, 2017 3204 Views 0 comment Print

A division bench of the Allahabad High Court, in CIT v. Jaya Prakash Industries Pvt Ltd, held that the difference on foreign currency translation which is notional debit/credit, did not represent any loss or income for the purpose of computing the taxable income under the Income- Tax Act.

Tax relief to Nusli Wadia on sale of life interest in income from Trust property

April 21, 2017 2280 Views 0 comment Print

In a recent ruling, the division bench of the Bombay High Court, while allowing tax relief to Mr. Nusli Wadia, held that the sale of his life interest in the income from the Trust property would not attract Capital gains Tax if the previous transaction through which he got the title over the property was held as not a transfer or Gift under the Income Tax Act.

Order passed by Tribunal without considering all evidences is faulty order: HC

April 20, 2017 1617 Views 0 comment Print

HC held that Tribunal – the higher appellate authority has neither considered and weighed, in entirety, the evidence relied by the lower appellate authority nor it has dealt with the reasoning and findings of the lower appellate authority while passing the order of reversal.

Partners to Explain Source of Gift received by their Minor Children

April 20, 2017 1149 Views 0 comment Print

We cannot loose sight of the fact that the minors in question were children of the partners in the firm and therefore, it had to be the partners who would have both arranged the gifts and also made the decisions to introduce money into the firm in name of the minors.

Filing of Audit Report along with Income Tax Return is not Mandatory

April 20, 2017 9009 Views 0 comment Print

This question is regarding filing of audit report in form 10CCB. If it is not filed alongwith return but filed before assessment, will it amount to non-compliance of Section 80IB (13) read with Section 80IA (7).

Validity of Re-Assessment Proceedings can be questioned at any Stage

April 20, 2017 2100 Views 0 comment Print

Issue of validity of reassessment proceedings is a jurisdictional issue. It goes to the root of the matter. The Tribunal ought to have examined the ground no.3 raised in the assessee’s appeal on its merit without being prejudiced by the facts that the reassessment order has been passed on the exparte basis in which the proceedings the assessee has not objected to the initiation of the reassessment.

Refund Seized Money in New Currency Notes: HC to IT Dept.

April 20, 2017 2880 Views 0 comment Print

Extinguishment of liability of the Reserve Bank in respect of any specified currency note under section 3 of the Act of 2017 is subject to a direction issued by a Court of law permitting a person to hold on to specified currency notes in connection with a pending proceeding and the Bank cannot deny its liability in such cases if the said person deposits the specified notes in the Bank after the appointed date with leave of the Court.

Extend Crop Loan Waiver Scheme to All Farmers: Madras HC

April 19, 2017 945 Views 0 comment Print

HC held that denial of benefit of waiver of crop loans to the farmers who had cultivated lands exceeding 5 acres is a clear discrimination violating Article 14 of the Constitution of India.

Section 54F: Mere allotment letter issued by developer does not confer title

April 19, 2017 6159 Views 0 comment Print

1. This appeal under Section 260 A of the Income Tax Act, 1961(the Act) assails the order dated 31st October, 2012 passed by the Income Tax Appellate Tribunal (Tribunal). The impugned order relates to Assessment Year 2006-07 2. This appeal was admitted on 28th January, 2015 on the following substantial questions of law:-

Deemed Dividend cannot be assessed in the hands of Company issuing shares

April 19, 2017 1743 Views 0 comment Print

Though, advance received by assessee company may have been for the benefit of the aforementioned registered shareholders, it could only be assessed in the hands of those registered shareholders and not in the hands of the assseeee-company.

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