Naitik Enterprise Vs Union of India (Gujarat High Court) In terms of sub-section (25) of section 2 of the Customs Act, once the goods are cleared for home consumption, they no longer retain the identity of the imported goods. Under the circumstances, once the goods have been cleared, such goods no longer remain to be […]
Vasu Corporation Vs State of Gujarat (Gujarat High Court) 1. Mr. Uchit Sheth, learned advocate for the petitioner has, inter alia, submitted that upon the vehicle in question together with the goods being detained under section 129(1) of the Gujarat Goods and Services Tax Act, 2017 (hereinafter referred to as “the GST Act”), the petitioner has […]
G.V. Infosutions Pvt. Ltd Vs DCIT (Delhi High Court) The rejection of the petitioner’s application under Section 119(2)(b) is only on the ground that according to the Chief Commissioner’s opinion the plea of omission by the auditor was not substantiated. This court has difficulty to understand what more plea or proof any assessee could have […]
The DlSCOMs provided certificates to the assessees, stating that supplies made by Schneider to DlSCOMs need not be included in the taxable turnover being valid deduction allowed under the Act read with Rule 11 of the DST Rules. Schneider (as well as other assessees in appeal, in this batch) claimed the exemption under the said Rule 11 (XII) for the relevant period for such sales made to DlSCOMs. The assessees complied with the provisions of Rule 11 (XII) and submitted the certificates issued by the said companies.
Pr. CIT Vs Make My Trip India Pvt. Ltd. (Delhi High Court) Central Government, by notification dated 31stDecember, 2012 has notified that no TDS shall be made on the following payments to the banks listed in the Second Schedule to the Reserve Bank of India Act: (i) bank guarantee commission; (ii) cash management service charges; […]
A petition under Article 226 and 227 of the Constitution of India or a tax reference can be filed in Hindi but it will have to be accompanied by an English version as well which shall be the authentic version of the petition for all legal purposes so long as the Notification dated 9th of May 1972 stands.
Pr. CIT Vs Smt. Hemlata S Shetty (Bombay High Court) Amount received by a partner on his retirement and the partnership firm is not subjected to tax in the retiring partner’s hands in view of Section 45(4) of the Act. The liability, if any, to pay the tax is on the partnership firm in view […]
Total income of winnings from betting (horse racing) of assessee, instead of net income from betting after deduction of business loss, should be brought to tax at the rate of 40% under section 115BB.
Rajan Bhatia Vs CBDT (Delhi High Court) Section 115BBDA is a non-obstante provision that would apply and prevail over Section 10(34) of the Act. Section 115 BBDA states that notwithstanding anything contained in the Act, where the total income of a specified resident assessee, includes income by way of dividend declared, distributed or paid by […]
Where assessee had claimed deduction under section 80-IB in respect to income of housing development project, the same could not be rejected merely because the land was held by original owner when the housing development project was executed, would not be detrimental to assessee’s claim of deduction under section 80-IB(10).
