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Section 14A disallowance when Expenditure incurred against earning of exempted income disallowed voluntarily by Assessee

August 20, 2019 4149 Views 0 comment Print

Pr. CIT Vs M/s. Lee & Murihead Pvt Ltd (Bombay High Court) Sub-section (2) of section 14A of Income Tax Act, 1961  provides that Assessing Officer would determine the amount of expenditure incurred in relation to income which not forms part of total income if he is not satisfied with the correctness of claim of […]

Section 80IB deduction cannot be allowed if not claimed by assessee in return filed by him

August 20, 2019 2583 Views 0 comment Print

EBR Enterprises Vs Union of India (Bombay High Court) Sub Section (5) of Section 80A of the Act mandates is that, if the assessee fails to make a claim in his return of income for any deduction under the provisions specified therein, the same would not be granted to the assessee. This condition or restriction […]

Section 148 Notice based on Investigation report sustainable if AO enquired before issuing such Notice

August 20, 2019 3696 Views 0 comment Print

The issue under consideration is whether the re-opening of the assessment u/s 147 based on information from investigation report is justified in law?

DGAP cannot suo motu issue a notice requiring a company to submit information on all its products

August 19, 2019 846 Views 0 comment Print

Reckitt Benckiser India Private Limited Vs Union of India (Delhi High Court) Grievance of the Petitioner is that Director General of Anti Profiteering (DGAP) has by the impugned notice dated 8th/9th April, 2019 sought information on all products of the Petitioner. In this context, he has referred to the recent amendment by which Sub-Rule 5 […]

Bogus Share Capital- Onus is on assessee to prove genuineness of transaction

August 19, 2019 840 Views 0 comment Print

M/s. Royal Rich Developers Pvt. Ltd. Vs Pr. CIT (Bombay High Court) The Assessing Officer recorded that there was no reason for high premium of Rs.30 per share being paid by the investors. The assessee company had carried out no business during the entire period, except for collection of share application money. The responding investors […]

Profit embedded in purchases covered by bogus bills only can be taxed

August 19, 2019 1044 Views 0 comment Print

Tribunal applied the principle of taxing the profit embedded in such purchases covered by the bogus bills, instead of disallowing the entire expenditure.

Curtailment of incentives under Package Scheme of Incentives due to introduction of GST

August 18, 2019 3825 Views 0 comment Print

The Respondents are directed to implement the Incentive Scheme as amended up-to-date with a discretion to modify the scheme so as to bring it in line with the new tax structure under the General Sales Tax scheme, but without reducing or restricting the benefits as conferred upon the Petitioner under the Incentive Scheme within a period of eight weeks from the date of receipt of this Judgment.

Section 80IA Value of electricity provided to sister concerns generated in assessee’s own captive plant

August 17, 2019 5340 Views 0 comment Print

CIT- LTU Vs M/s. Reliance Industries Ltd. (Bombay High Court) Assessee provided electricity generated by its captive power generating plant to its another units, then while computing deduction under section 80-IA of Income Tax Act, 1961, the value of electricity provided to another unit was to be at the rate for which electricity distribution companies […]

GST Order of Demand of Tax & Penalty should be passed after proper opportunity of hearing

August 17, 2019 1605 Views 0 comment Print

Kalpana Stores Vs State of Tripura & others (Tripura High Court) Under sub-section (1) of Section 129 thus the authorities enjoy the power of detention of goods in transit if it is found that the same is in contravention of the provisions of the Act or the rules. The detention can also be made of […]

Rule 8D not applies automatically on mere existence of mixed fund to disallowance u/s 14A

August 17, 2019 2040 Views 0 comment Print

Pr. CIT Vs Gujarat State Petronet Limited (Gujarat High Court) The language of Section 14A of the Act is plain and clear. Before invoking Rule 8D, the Assessing Officer is obliged to indicate that having regard to the accounts of the assessee, he is not satisfied with the correctness of the claim of the assessee […]

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