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Expenditure cannot be considered excessive merely by comparing it with preceding year’s expenditure

July 20, 2013 1025 Views 0 comment Print

The AO merely made comparative study of the expenses for the year under consideration with the preceding assessment year and found that expenses incurred in the preceding assessment year were 2.89% on turnover but in the assessment year under appeal it was 4.78% on the turnover.

ITAT can permit a “Legal Contention” at the appellate stage even if it is raised for the first time

July 20, 2013 1858 Views 0 comment Print

The Tribunal in the assessee’s appeal considered several grounds titled as “Additional grounds”. However, upon close perusal of such so-called grounds, we notice that such grounds were nothing but legal contentions and arose out of order of CIT(Appeals) which was under challenge

Income tax raid on IAS officer for non allotment of House to DIT (I) is invalid

July 16, 2013 2418 Views 0 comment Print

In the present case, in September 2007 the search was carried out in the premises of Dr. Yogi Raj Sharma. The document Annexure RJ-1 was seized by the respondents. At the relevant time petitioner no. 1 was the Chief Health Secretary and this fact was within the knowledge

Abrupt Withdrawal Of MAT And DDT Benefits To SEZ Valid – HC

July 12, 2013 654 Views 0 comment Print

Petitioners have prayed to declare the newly inserted proviso to Section 115JB(6) and 115-O(6) of the Income Tax Act in the second schedule to the Special Economic Zones Act 2005 as ultra vires, arbitrary, unfair and violative of Article 14 of Constitution of India.

Income Tax Settlement Commission cannot admit application made u/s 245C in absence of satisfaction being recorded from the report of Commissioner

July 8, 2013 1075 Views 0 comment Print

The error in the order of the Commission in the present case lies in permitting the application to proceed without that satisfaction being recorded by the Commission, which is a fundamental aspect which goes to the root of its jurisdiction to entertain an application under Section 245C.

ICAI – Activity of providing coaching classes or undertaking campus placement interviews for a fee cannot be held to be trade, business or commerce

July 7, 2013 940 Views 0 comment Print

After going through the provisions of the ICAI Act and the Regulations framed therein as well as various activities carried on by the petitioner, we are of the view that the petitioner institute does not carry on any business, trade or commerce.

Service Tax on AC Bar Restaurants & Accommodation Hotels Providing is Unconstitutional

July 3, 2013 4993 Views 0 comment Print

high court of kerala declares the levy of service tax on ac bar restaurants and on hotels providing short term accommodation as unconstitutional and beyond the legislative competence of the parliament

Waiver of Interest u/s 234B for confusion in Circular & amendment to s.54EC

July 2, 2013 6693 Views 0 comment Print

Where a return of income could not be filed by the assessee due to unavoidable circumstances, and assessee proved to have a bona fide belief , coupled with the voluntary payment of tax liability, the Chief Commissioner was not justified in declining the benefit of a waiver of interest to assessee under section 234B.

TDS on Service Tax on Professional Fees if same is paid separately as per contract terms

July 1, 2013 16712 Views 0 comment Print

We have considered the provisions of Section 194J of the Income Tax Act, in the light of Circulars dated 28.04.2008 and 30.06.2008. The words, “any sum paid”, used in Section 194J of the Act, relate to fees for professional services, or fees for technical services.

HC expresses ‘Shock & Anguish’ at Mal-Administration by Tax Dept.

June 30, 2013 1454 Views 0 comment Print

The income tax authorities are required to administer the Act. The right to administer, cannot obviously include the right to mal-administer. Thus, we find no words to express anguish as what kind of governance it had been.

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