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Capital v. Revenue: Premium paid on buyback of shares

March 4, 2015 7344 Views 0 comment Print

In a recent ruling that will have a bearing on the buyback activities, the Bombay High Court held that the premium paid for buyback of shares shall be tax deductible as business expenditure. (CIT v. Chemosyn Ltd).

All business profits of the undertaking are eligible for deduction U/s. 10B

March 4, 2015 2156 Views 0 comment Print

CIT vs. Hritnik Exports Pvt. Ltd (Delhi High Court) Sub-section (4) of section 10B stipulated that deduction under that section shall be computed by apportioning the profits of the business of the undertaking in the ratio of turnover to the total turnover.

A mere non discussion or non mention in assessment order would not justify sec 263

March 3, 2015 2198 Views 0 comment Print

Hon’ble Allahabad High Court in the case of CIT V/s M/S Krishna Capbox (P) Ltd in Income Tax Appeal No. 1 of 2015 has held that a mere non discussion or non mention in assessment order would not justify section 263 to be applied.

Section- 80B(5) Interest and dividend will not form part of gross total income

March 2, 2015 5215 Views 0 comment Print

The question sought to be raised in this appeal relates to the deduction under section 80O of the Income Tax Act, 1961 (“Act” for short). The Tribunal has considered this question taking into account the calculations made by the Assessing Officer

No Service Tax exemption to Film Actors; HC dismisses PIL

February 26, 2015 9678 Views 0 comment Print

In this case Petition was filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Declaration, declaring that Notification No.25/2012 dated 20.06.2012 (Entry 16) in so far as it provides for an exemption in respect of services provided by a performing artist in folk or classical art forms of music

Death of Authorised representative not sufficient cause for delay in Appeal Filing

February 25, 2015 2550 Views 0 comment Print

Madhu Dadha Vs. ACIT (2009) 317 ITR 458 (Mad)- In the present case, the appeal has been filed after a delay of 558 days. From the contents of the affidavit and submissions of the learned counsel for the assessee, it is clear that the assessee has not explained the delay for such a long

Remuneration to partners cannot be disallowed due to non-filing of reconstituted partnership deed

February 24, 2015 2697 Views 0 comment Print

The only issue before Hon’ble Court is that whether assessee can claim deduction on account to remuneration paid to partners when certified copy of instrument of change of partnership deed is not filed along with the return.

Statutory reserve created u/s 45-IC of RBI Act cannot be excluded from book profits

February 23, 2015 32769 Views 1 comment Print

Issue – Whether on the facts and in the circumstances of the case the Tribunal in computing book profit under Section 115JB was justified in confirming the addition of Rs. 9,80,00,000/- transferred to the special reserve pursuant to the provisions of Section 45-IC of the Reserve Bank of India Act, 1934 under Clause (b) of the Explanation to Section 115JB

New ruling no ground for reviewing a previous judgment when litigant has taken a decision not to pursue further proceedings

February 23, 2015 607 Views 0 comment Print

The issue which falls for our consideration is whether the applicant has shown sufficient cause so as to become entitled for condonation of delay of five years in preferring the appeal against the order dated 31.10.2008 passed by the Tribunal.

CIT Vs. Balaji Traders (2008) 303 ITR 312 (Mad)

February 17, 2015 5219 Views 0 comment Print

Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that no penalty is leviable under section 271D when there has been repeated violations of section 269SS on the ground that the creditors are genuine persons and there was no revenue loss to the Exchequer

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