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Sec 138 NI Act- Salutation Like Mr./M/s. while Drawing Cheque are Irrelevant

September 6, 2021 1587 Views 0 comment Print

N. Raveendran Vs Shajahan (Kerala High Court) The absence of salutation Like Mr./M/s. while drawing the cheque by accused cannot be a ground for the accused to be acquitted from proceedings under Section 138 of the Negotiable Instruments Act. FULL TEXT OF THE JUDGMENT/ORDER OF KERALA HIGH COURT This appeal arises out of the judgment […]

HC upheld addition for cash payment for shares from unexplained Sources

September 5, 2021 822 Views 0 comment Print

Jaidayal Prannath Kapur Vs CIT (Madras High Court) The assessment for the Assessment Year under consideration, AY 2002-03, was reopened and notice under Section 148 of the Act was issued. From the findings recorded by the Assessing Officer in the Assessment Order, dated 19.12.2007, we find that, initially, the assessee did not extend full cooperation […]

Normal depreciation is legitimate deduction in computing real income on general principles

September 5, 2021 951 Views 0 comment Print

The Music Academy Madras Vs DDIT (Exemptions) (Madras High Court) It is not in dispute that the substantial questions of law framed for consideration have been answered in favour of the assessee by the Hon’ble Supreme Court in the case of CIT vs. Rajasthan and Gujarati Charitable Foundation Poona reported in (2018) 402 ITR 0441 […]

Hiring of certain machineries from sister concern not amounts to transfer for Section 80J(4)(ii)

September 5, 2021 1164 Views 0 comment Print

The decision of the Hon’ble Supreme Court in Bajaj Tempo Ltd. (supra), was followed in CIT vs.Nayyars Minerals Export (P.) Ltd. reported in (1998) 231 ITR 864 (HP), wherein it was held that hiring of certain machineries from sister concern would not amount to transfer as provided under Section 80J(4)(ii) of the Act.

Limitation period for revisional proceeding in case of both Assessment & Reassessment

September 5, 2021 1794 Views 0 comment Print

CIT Vs Indian Overseas Bank (Madras High Court) The question as to whether the date, on which the order under Section 147 of the Act was passed should be reckoned as the starting point of limitation, considering the facts and circumstances of the case, has been dealt with by several decisions of the Hon’ble Supreme […]

Sales Commission cannot be treated as Technical Services

September 5, 2021 2784 Views 0 comment Print

CIT Vs Wheels India Limited (Madras High Court) After hearing the submissions of the auhorized representative of the assessee, the CIT(A) perused the copies of the agreement and on facts, found that the amounts paid by the assessee were sales commission and marketing services to nonresident agents outside India for their services rendered outside India […]

Individual avoiding appearance before competent authority without any just excuse cannot escape coercive action including arrest

September 5, 2021 1206 Views 0 comment Print

Directorate General of GST Intelligence Vs Pankaj Agarwal (Jharkhand High Court) Individual avoiding appearance before competent authority without any just excuse cannot escape coercive action including arrest Hon’ble High Court of Jharkhand by an order dated July 09, 2021, observed that section 69 read with section 70 of the Central Goods and Services Tax Act, […]

HC dismisses order which was based on half-baked, incomplete & internet acquired knowledge

September 5, 2021 9540 Views 0 comment Print

OPC Assets Solutions Pvt Ltd Vs State of Tripura (Tripura High Court) The order passed by the Superintendent and the approach that he has adopted is totally unsatisfactory. To begin with, the order reads more like a thesis in several fields of law in which he has tried to exhibit his half-baked, incomplete and internet […]

Unabsorbed deprecation allowable against income from house property & other sources

September 5, 2021 2952 Views 0 comment Print

Hindon River Mills Ltd. Vs DCIT (ITAT Delhi) The limited issue which arises in the present appeal is whether unabsorbed depreciation available in the hands of the assessee, where the business of the assessee has been temporarily closed and the assets leased for a short period in order to tide over the losses of business, […]

Section 40A(2)(b) not invocable for Expense on Land purchase from directors based on prudent commercial decision

September 5, 2021 2589 Views 0 comment Print

CIT Vs. Adityaram Properties (P) Ltd. (Madras High Court) The sole reason for which the Assessing Officer invoked Section 40A(2)(b) of the Act is for the reason that the Directors of the company were paid Rs.3 Lakhs per cent for the purchase of the land, whereas, the lands have been sold by the assessee to […]

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