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Additions solely based on statement u/s 132(4) which was subsequently withdrawn is not maintainable

November 11, 2015 2017 Views 0 comment Print

Delhi High Court held In the case of The CIT vs. Sunil Aggarwal that the Assessee had an explanation for not retracting the statement earlier. He also furnished an explanation for the cash that found in the hands of his employee and this was verifiable from the books of accounts.

Donations received by a wholly religious trust cannot be taxed u/s 115BBC merely because trust also involved in charitable/Spiritual activity

November 8, 2015 7772 Views 0 comment Print

Delhi High Court held In the case of CIT (Exemption) vs. Bhagwan Shree Laxmi Nariandham Trust that anonymous donations received by a wholly religious trust are exempt u/s 115BBC. Mere the trust deed have clauses related to charitable activities along with organizing spiritual seminars

Import expenses on machinery which is vital to manufacturing is Capital Expenditure

November 7, 2015 2246 Views 0 comment Print

Delhi High Court held In the case of CIT vs. Modi Rubber Ltd. that in present case, it is clear that the two Banbury mixers have been described by the Assessee itself as equipment used for mixing natural rubber, synthetic rubber, carbon black, chemicals and other raw materials

S. 194J Wheeling charges paid for electricity transportation not liable to TDS

November 7, 2015 2301 Views 0 comment Print

Delhi High Court held In the case of CIT vs. M/s Delhi Transco Ltd. that as per BPTA agreement between DTL and PGCIL there is transportation of the electricity from PGCIL to DTL, through the equipment

Mere profitability, responsible for enhancement of profits, does not indicate that transaction is at an ALP

November 6, 2015 716 Views 0 comment Print

Knorr-Bremse India Pvt. Ltd. vs. ACIT (P&H HC) A reading of the orders of the TPO, the DRP and of the Tribunal makes it clear that one of the main reasons for not accepting the assessee’s case was that the assessee had not been able to substantiate that the payment for the services had actually increased its profits.

Exemplary Cost to be imposed on Commissioner, if precedent not followed while filing appeal: Bombay High Court

November 5, 2015 2078 Views 0 comment Print

In a judgement dated 19-01-2015 in the case of CIT-8 Vs. Proctor and Gamble Home Products Ltd., the Hon’ble Bombay High Court while dismissing the appeal, passed stringent strictures and gave directions to the Revenue Authorities when the Revenue choose to persist with the Appeal

Section 54F do not stipulate purchase of new asset from sale proceeds of original capital asset only

November 4, 2015 5511 Views 0 comment Print

CIT Vs. Shri Kapil Kumar Agarwal (P&H High Court) -The issue that arises for consideration relates to whether the assessee in order to avail benefit of Section 54F of the Act is required to utilize the amount for the purchase of the new asset from the sale proceeds of the original capital asset only.

Revenue Must have Tangible Material to initiate income escaping Assessment

November 3, 2015 3387 Views 0 comment Print

In the case of Coperion Ideal Private Limited v. CIT, Delhi High Court while giving the decision in the favour of the assessee, held that there should be some tangible material available with the Revenue, whenever they want to conclude that Assessee have escaped Assessment.

Revised computation sufficient for mistake in currency conversion for computation of exemption U/s. 10A: HC

November 3, 2015 832 Views 0 comment Print

The Delhi High Court held in the case of E-Funds International India Private Limited v. PR. CIT, while dismissing the appeals of the Revenue that revised computation was sufficient in the place of furnishing revised returns as there was only a minor technical fault as the figure of USDs was not changed into Rupees while computing the deduction under section 10A.

Appeals filed by revenue without Proper reasons/explanations not maintainable: HC

November 3, 2015 589 Views 0 comment Print

CIT v Proctor and Gamble Home Products Ltd- Bombay HC observed that the appeals filed by the Revenue was in a very causal manner without indicating the basis of the challenge. Further, it was observed that Rule of law implies certainty of law.

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