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Tangible evidences required for proving clandestine manufacture & not mere assumptions – HC

September 28, 2015 2562 Views 0 comment Print

In the case of Flevel International V/S Commissioner Of Central Excise, it was held by Delhi High Court that the denial of an opportunity of cross-examination of a witness whose statements have been relied upon in the adjudication order would vitiate the order of adjudication. In the present case

CENVAT credit on inputs inherently lost in manufacturing process allowed – HC

September 28, 2015 2344 Views 0 comment Print

In the case of M/s. Rupa & Co. Limited Vs. The Commissioner of Central Excise, it was held that what is contained in finished product is only a quantity of all the inputs of the same weight as that of the finished product

Assessee & Revenue have right to File cross objection before ITAT

September 27, 2015 6125 Views 0 comment Print

The Delhi High Court Has Held In the case of Fast Booking (I) Pvt. Ltd. Vs Dy. Commissioner Of Income Tax that both the assessee as well as the department have a right to file an appeal/cross-objections before the Tribunal.

Accrued Interest on Sticky advances of Co-Operative Banks not taxable

September 26, 2015 2722 Views 0 comment Print

In the case of CIT Vs. M/s.Deogiri Nagari Sahakari Bank Ltd. & Others , Bombay High Court inter-alia held that the assessee herein being a Cooperative Bank also governed by the Reserve Bank of India and thus the directions with regard to the prudential norms issued by the Reserve Bank of India

Section 36(2)(i)- Loan- Bad Debts allowable if assessee offered interest income to tax in earlier years

September 25, 2015 5323 Views 0 comment Print

CIT Vs.Pudumjee Pulp & Paper Mills Ltd. (Bombay High Court) Assesse received interest on inter-coporate deposit which was offered to tax in earlier years. Subsequently, assesse made certain provision for bad debts.

Wthout assigning reasons Tribunal cannot remand matter to A.O. on matters on which in earlier years it decided in favour of Assessee

September 25, 2015 795 Views 0 comment Print

In the case of Hinduja Global Solutions Ltd. Vs. UOI Assesse’s case for exemption under section 10A was allowed in earlier years by Tribunal. During the relevant year, the Tribunal disallowed assessee claim.

Delhi HC directs CBDT to issue Income Tax Return forms on time

September 24, 2015 11111 Views 0 comment Print

In a Historic/Landmark Judgment Delhi High Court in the case Avinash Gupta Vs. UOI has although not allowed extension of due date for filing ITR for AY 2015-16 but instructed the Govt. to ensure availability of forms for tax audit from the beginning of next assessment year.

Addition in case of own mischief of assessee will not amount to double taxation – HC

September 23, 2015 1915 Views 0 comment Print

Bombay High court held In the case of R.B. Shreeram Durgaprasad (P) Ltd. vs. The CIT that concept of double taxation is not attracted in the present matter. The Export firm has to pay tax as it has actually utilized that amount as its income while the assessee has to pay tax as it attempted to conceal that income.

Periodic payments are covered under section 40(c)(iii) but Lumpsum Payment are not : HC

September 23, 2015 4765 Views 0 comment Print

Bombay High court held In the case of M/s Nagpur Engineering Co. Pvt. Ltd. vs. CIT. that in order to attract ceiling u/s 40(c), the payment must be a periodical payment. A Lumsum payment or one time payment is not covered under section 40(c) of Income Tax Act, 1961.

Deduction U/s. 80P(2)(a) allowable to Co-Op. banks on Commission on collection of electricity bills & prepayment facility: HC

September 23, 2015 3116 Views 0 comment Print

Bombay High court held In the case of CIT vs. Amravati District Central Cooperative Bank Ltd. that following the judgment of (2003) 264 ITR (38) (Bom.) (CIT vs. Ahmednagar District Central Cooperative Bank Ltd.)

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