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Expenses related with improvement in operations of existing business product line is revenue expense

August 30, 2015 712 Views 0 comment Print

Madras High Court in the case of CIT Vs M/s Southern Petrochemicals Industries Corporation Ltd held that market research expense incurred to increase the efficiency of the existing business product line, the same should be treated as revenue expense.

Only operational income related with main business activity of assessee will qualify for deduction u/s 80HHC

August 30, 2015 573 Views 0 comment Print

Madras High Court held in CIT Vs Funskool (I) Ltd (Madras High Court) that for calculating the cost of the finished product the process of designing or stickering which had been used to design or give a final look to the finished product

MAT credit should be adjusted in priority to other credit of taxes like TDS, advance tax or other taxes

August 30, 2015 4493 Views 0 comment Print

Madras High Court in the case of CIT Vs M/s Ambattur Clothing Limited held that for calculating the assessed tax priority has to be given to adjust the MAT credit then TDS and advance tax would be adjusted by relying on the decision of Supreme Court

Erroneous payment of duty on exempted goods would not render the goods dutiable

August 29, 2015 1057 Views 0 comment Print

The assessee Integral Coach Factory (ICF) belonging to the Central Government is engaged in the business of manufacturing passenger coaches both self-propelled and non-propelled, steel freight containers and parts of passenger coaches for railways under Chapter 86 of CET 1985.

CENVAT credit on capital goods used in the construction/erection of plant is allowed

August 29, 2015 2585 Views 0 comment Print

In the case of M/s.Thiru Arooran Sugars Vs. The Custom, Excise and Service Tax Appellate Tribunal, Hon’ble Madras High Court held that CENVAT credit on capital goods used in the erection of various capital goods, viz., M.S.Plates, M.S.Angles, M.S.Channels and H.R. Plates, which were purchased

CENVAT credit of outdoor catering & outward transportation upto place of removal allowed

August 29, 2015 2249 Views 0 comment Print

In the case of Commissioner of Central Excise & Service Tax Vs. M/s. Thiru Arooran Sugars Ltd., Hon’ble Madras High Court held that the CENVAT credit of the service tax paid in respect of cell phone services, catering services

View taken on the basis of law prevailing on the date of order cannot be termed as erroneous

August 28, 2015 1292 Views 0 comment Print

High Court of Bombay at Goa held in the case of CIT vs. V. S. Dempo & Company Ltd. Held that view taken by the Assessing Officer or by the Commissioner has to be on the basis of the law prevailing on the day the view was taken.

All three conditions of 5(1)(ccv) are to be satisfied cumulatively by a society for being termed as co-operative bank

August 28, 2015 2651 Views 0 comment Print

In the case of The Quepem Urban Co-operative Credit Society Ltd vs. ACIT High Court of Bombay at Goa held that All three conditions of 5(1)(ccv) are to be satisfied cumulatively by a society for being termed as co-operative bank.

Interest cannot be disallowed for interest free loan given to sister concerns for business purpose

August 28, 2015 5517 Views 0 comment Print

High Court of Bombay at Goa has held in the case of Vassantram Mehta & Co. (P) Ltd. vs. JCIT that Interest not to be disallowed if interest free advance granted to sister concern due to commercial expediency and is for business purpose of assessee.

An issue of jurisdiction can be raised at any time even in appeal or execution

August 28, 2015 16126 Views 0 comment Print

High Court of Bombay at Goa has held in the case of In the case of M/s Mavany Brothers vs. CIT that that it is settled position that conferment of jurisdiction is a legislative function and cannot be conferred by consent of petitioner.

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