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Retired VAT Officer can be appointed as member of VAT Tribunal: HC

February 10, 2017 1221 Views 0 comment Print

Mere fact that at one point of time, the officer was working with the Commercial Taxes Department, cannot be a reasonable suspicion to disqualify him for appointment.

Section 80IA deduction cannot be restricted merely for low net profit Ratio of Unit of Assessees wife

February 10, 2017 702 Views 0 comment Print

Sub-­section (10) of Section 80IA of the Act, cannot be invoked in the facts of the present case to restrict its deduction under Section 80IB of the Act on the basis of the profits of the Appellant’s wife unit at Valsad.

IT Proceeding against Company cease to be in existence is Illegal

February 9, 2017 1365 Views 0 comment Print

Notice issued under section 147 of the Act in respect of an entity which ceases to exist by virtue of amalgamation order under section 394 of Companies Act, would be illegal and unsustainable.

If Share premium defies commercial prudence, it cannot be assessed as unexplained credit

February 8, 2017 996 Views 0 comment Print

Revenue states that the impugned order itself holds that share premium of Rs.490/­ per share defies all commercial prudence. Therefore it has to be considered to be cash credit.

Bogus purchases: A Statement cannot be relied without opportunity to cross-examine

February 8, 2017 1749 Views 0 comment Print

The question raised in this appeal is, whether the Tribunal was justified in deleting the addition on account of bogus purchases allegedly made by the assessee from M/s. Thakkar Agro Industrial Chem Supplies P. Ltd. According to the revenue, the Director of M/s. Thakkar Agro Industrial Chem Supplies P. Ltd.

No Bogus capital gains if assessee furnishes documentary proof & proves identity of purchasers

February 7, 2017 2280 Views 0 comment Print

Appellant has adduced documentary evidences in support of transaction in question. Identity of purchasers of shares was established as it was borne on record of Income Tax Department.

Service Tax not payable on Naturopathy treatment

February 7, 2017 1260 Views 0 comment Print

Manthena Satyanarana Raju Charitable Trust Vs Union of India (Telangana High Court) petitioner was providing various services, such as, steam bath, sauna/infrared bath, foot and arm bath, whirlpool bath, circular jet, full emersion bath, spinal spray, spinal bath, hip bath, hydro deluxe bath, jacuzi, mud bath, neem paste bath, plant leaf bath, sand bath, massage, […]

Expenses after business setup allowable even if business not commenced

February 6, 2017 5787 Views 0 comment Print

Business is said to have been set up when it is established and ready to be commence. However, there may be an interval between a business which is set up and a business which is commenced. However, all expenses incurred during the interregnum between setting up of business and commencement of business would be permissible deductions.

Applicability of principles of res gestae explained and reiterated by HC

February 5, 2017 1764 Views 0 comment Print

The appellant has assailed the legality and validity of the impugned judgement of conviction under Section 302 of the IPC and sentence of life imprisonment which has been awarded to him by the trial Court in ST No.379/99 for committing murder of deceased Etwa Ram.

Penalty notice without specifying that it is for ‘furnishing of inaccurate particulars of income’ or for ‘concealment of income’ is fatal

February 5, 2017 2922 Views 0 comment Print

These Appeals under Section 260­A of the Income Tax Act, 1961 (the Act), challenge a common order dated 11th October, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). The common impugned order deleted the penalty imposed upon the Respondent­ Assessee for the Assessment Years 2003­04, 2004­05, 2005­06 and 2006­-07.

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