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Appeal can be filed against Levy of Interest u/s 234A,234B and 234C

September 15, 2015 5963 Views 0 comment Print

The Hon’ble Punjab & Haryan High Court in the case of Shri Krishan Gopal HUF held that the levy of interest u/s 234A , B & C is part and parcel of the of assessment process and it is open to an assessee to dispute the levy in appeal provided he challenge the very levy rather than claiming any waiver

Pre-deposit u/s 35F not applicable to stay applications &appeals pending prior to commencement of Finance Act (2 of 2014)- HC

September 14, 2015 1054 Views 0 comment Print

In the case of Fifth Avenue Sourcing (P) Ltd. V/s Commissioner of Service Tax it was held BY Madras High Court that second proviso to Section 35F of the Act makes it abundantly clear that the proviso to this Section shall not apply to stay applications and appeals pending before the appellate authority prior to the commencement of the Finance Act (2 of 2014).

Depreciation on enhanced cost of asset is allowed from the date when the obligation to pay customs duty arose

September 14, 2015 3845 Views 0 comment Print

In the of CIT Vs. Noida Medicare Centre Ltd, Delhi High Court held that the AO erred in disallowing the capitalization of the additional customs duty in the manner claimed by the Assessee and adding the entire customs duty paid in the relevant AY to the income of the Assessee.

Comparable transactions/entity must be selected based on similarity with controlled transaction/entity

September 14, 2015 1852 Views 0 comment Print

In the case of Rampgreen Solutions Pvt Ltd vs CIT, Delhi High Court inter-alia held that the expression ‘BPO’ and ‘KPO’ are, plainly, understood in the sense that whereas, BPO does not necessarily involve advanced skills

CIT duly empowered to decline request for waiver of interest U/s. 234C – HC

September 12, 2015 2450 Views 0 comment Print

High court held In the case of The Fertilizers and Chemicals Travancore Ltd. vs. DCIT & CCIT that the CCIT is empowered and authorized to waive interest under section 234C only if the assessee case falls any of the two cases mentioned in notification dated 26/6/2006 for the income tax authorities

Re-opening of Assessment not valid in absence of any justifiable doubtful circumstances – HC

September 12, 2015 820 Views 0 comment Print

High court held In the case of The CIT vs. M/s Kerala Kaumudi (P) Ltd that the fundamental basis on which the assessment was re-opened itself is untenable. We are fully agree with the contention of the Tribunal that in the absence of any justifiable vitiating circumstances

Settlement Application cannot be admitted without considering objections raised by CIT

September 12, 2015 894 Views 0 comment Print

It was held by Hon’ble High Court of Bombay and Goa in the case of CIT V/s M/s Sai Prasad Properties Limited that an application under section 245D(2C) of the Act has to be disposed of after considering the objections raised by CIT

S. 147 Objections of assessee cannot be disposed off on an Imaginary Ground

September 12, 2015 1908 Views 0 comment Print

In was held by High Court of Bombay and Goa in the case of M/s V M Salgaoncar Sale International V/s ACIT, that objections raised by the assessee against the reasons recorded U/s 148 of the Act can not be disposed off on an imaginary ground by the assessing Officer.

Time barred assessment cannot be reopened for non satisfaction of conditions for reopening

September 12, 2015 1138 Views 0 comment Print

The hon’ble High Court of Bombay and Goa held in the case of Betts India Pvt. Ltd. V/s DCIT that when all the material facts necessary for assessment has been truly and full disclosed, the assessment can not be re opened after the expiry of time limit

No disallowance u/s 14A if no exempt income earned or received

September 12, 2015 8395 Views 0 comment Print

Delhi High Court held in the case of Cheminvest Ltd. v. CIT that No disallowance u/s 14A can be made in a year in which no exempt income has been earned or received by the assessee. Section 14A of Income Tax Act, 1961 does not apply to shares bought for strategic purposes.

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