Follow Us:

All High Courts

Interest liability U/s. 234B – Non-payment of advance tax & non deduction of tds

February 4, 2015 4702 Views 0 comment Print

This Court finds that no interest is leviable on the respondent assessees under Section 234B, even though they filed returns declaring NIL income at the stage of reassessment. The payers were obliged to determine whether the assessees were liable to tax under Section 195(1), and to what extent, by taking recourse to the mechanism provided in Section 195(2) of the Act.

TDS deductible on Salary Paid to missionary teacher irrespective of subsequent use

February 4, 2015 1722 Views 0 comment Print

Fr. Sabu P.Thomas Vs Union of India (Kerala High Court) The receipts in question, in the instant cases, are amounts by way of salary and pension. These payments accrue to the individuals concerned, who have rendered service in their individual capacity and based on the educational qualifications and skills possessed by them as individuals. The […]

Section 14A & Rule 8D disallowance cannot be made if there is no exempt income

January 27, 2015 3822 Views 0 comment Print

On the issue whether the respondent-assessee could have earned dividend income and even if no dividend income was earned, yet Section 14A can be invoked and disallowance of expenditure can be made, there are three decisions of the different High Courts directly on the issue and against the appellant-Revenue.

Benefit of SFIS cannot be denied only on ground that companies were subsidiaries of foreign companies

January 27, 2015 1894 Views 0 comment Print

DGFT denied the benefit of SFIS, as framed under the FTPto the Petitioners and separate communications were sent to the Petitioners withdrawing/recalling the said benefits on the ground that they were subsidiaries of foreign companies

Indian subsidiaries of foreign companies can claim SFIS benefit

January 27, 2015 2584 Views 0 comment Print

Recently, in case of YUM RESTAURANTS (I) PVT.LTD AND Anr. v. Union of India & Ors, Hon’ble Delhi High Court pronounced that there is no provision in the Foreign Trade Policy which debars an Indian subsidiary of a foreign holding company from availing the benefit of Serve From India Scheme(SFIS).

Audit initiated against service recipient cannot be a ground to reject VCES declaration of Assessee

January 21, 2015 1466 Views 0 comment Print

The Hon’ble High Court of Madras after observing that there was no audit initiated/ conducted against the Petitioner or in business premises of the Petitioner, held that: Audit of service recipient, SIPL is not relevant and the Petitioner was never put to notice before March 1, 2013;

Prior to Year 2006 Assessee can claim credit for service tax paid even if he has not provided any output service- HC

January 15, 2015 5076 Views 0 comment Print

In the case of The Commissioner of Central Excise V/s. M/s. Essel Propack Ltd., it was held that prior to year 2006, the Explanation to Rule 2(p) of the CENVAT credit Rules would be applicable. On plain reading of the said explanation, as it is not disputed that the respondents are paying service tax

Mere Presence of other objects does not mean that Institution was not existing Solely for Educational Purpose

January 13, 2015 667 Views 0 comment Print

In the instant case, it is not disputed that the petitioner society is running an educational institution. Merely because there are other objects of the society does not mean that the educational institution is not existing solely for educational purpose.

Date of Cheque presentation or Clearing for Calculation of Interest U/s 234?

January 13, 2015 7633 Views 0 comment Print

Whether under the facts and circumstances of the case, the Tribunal was right in holding that the date of presentation of cheque in the bank is to be reckoned as the date of payment of advance tax and not the date on which the cheque is cleared and entered in the receipt roll as required under Rule 20 of the Central Government Account (Receipts and Payments) Rules 1983

Year of Index to compute capital gain on sale of inherited asset

January 12, 2015 5619 Views 0 comment Print

The question which is posed for consideration is whether for considering the long term capital gain Cost Inflation Index is required to be considered at the date on which the property was inherited in the name of the assessee or as per the previous cost of acquisition at which previous owner had acquired the capital asset.

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031