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All High Courts

No Section 54F exemption on Property Purchased in married daughters name

April 24, 2014 4534 Views 0 comment Print

Language of the Section 54F and 54B is very clear that it relates to unmarried daughters. Here the undisputed fact is that the property is purchased in the name of married daughters. When the Legislature thought it fit to specify the words ‘unmarried daughters’, the Court cannot substitute the words.

S. 234E: Recovery of fee is subject to outcome of Petition; Govt to reply on S. 234E notices – Rajasthan HC

April 15, 2014 8012 Views 0 comment Print

Under Section 234E wef 1st of July 2012 deductor will be liable to pay by way of fee of Rs 200 per day till the failure to file TDS statement continues, However, the total fee cannot exceed the amount of TDS deductible for which statement was required to be filed.

Government servant can file PIL only after permission from State Government

April 14, 2014 14799 Views 0 comment Print

It is submitted by Sri Amitabh Thakur that the conduct rules applicable to Government servant including the All India Services (Conduct) Rules 1968, do not require him to obtain permission of the State Government, to file petition in public interest.

TDS U/s. 194H not deductible on Product Discount Schemes

April 12, 2014 18564 Views 0 comment Print

The assessee contended that the expenditure under the said claims are only for promotion of sales and hence had no relation to payment of any commission on sales. The assessee contended that therefore tax at source is not required to be deducted as the said expenditure did not fell within the ambit of Section 40(a)(ia) of the Income Tax Act.

Provision for retirement benefit based on service weightage not allowable

April 12, 2014 4689 Views 0 comment Print

As far as the expression ‘gratuity’ is concerned, there is no definition of what ‘gratuity’ is, even under the Payment of Gratuity Act; yet, a monetary relief to an employee at the time of his retirement or termination of service is treated as ‘gratuity’.

VAT not leviable on 40% of restaurant bill, which is subject to Service Tax

April 10, 2014 6423 Views 0 comment Print

Where the element of service has been declared and brought to tax vide notification dated 6 June 2012, by which Service tax is levied on 40% of the billed value in restaurant, no VAT can be imposed thereon on such amount. Copy of the decision is enclosed herewith.

In case of development agreements transfer completes on handing over of possession despite non receipt of payment

April 9, 2014 2634 Views 0 comment Print

The element of factual possession and agreement are contemplated as transfer within the meaning of the aforesaid section. When the transfer is complete, automatically, consideration mentioned in the agreement for sale has to be taken into consideration for the purpose of assessment of income

Hasty Recovery action may be treated as Contempt – Delhi HC to AO

April 9, 2014 1163 Views 0 comment Print

The facts of this case are that the petitioner lost its appeal before the Commissioner of Income Tax (Appeal) on 20.11.2013. The revenue issued notice under Section 221 for determined demand amounts due for the AY 2007-08, which was subject matter of the appeal before the CIT (Appeals).

Loss on writing-off of irrecoverable advances under scheme of amalgamation cannot be carried forward for set off in subsequent years

April 9, 2014 1415 Views 0 comment Print

Deposits or advances given to the parties which was written-off latter in the scheme of amalgamation, were neither a capital assets nor there was any transfer, thus no capital loss is allowed to be carried forward to the subsequent year. Thus held that irrecoverable advances written-off are not a transfer and the loss cannot be claimed as capital loss.

Parliament can impose Service Tax on Restaurants & Hotels – Bombay HC

April 8, 2014 3077 Views 0 comment Print

Bombay HC dismisses writ filed by Indian Hotels and Restaurant Association and upholds validity of service tax levy on air-conditioned restaurants serving liquor u/s 65(105)(zzzzv) of Finance Act.

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