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All High Courts

TDS not deductible on Reimbursement of Expenses for conducting Exams

March 3, 2019 1578 Views 0 comment Print

The facts of the case reveal that the Assessee-University conducts examinations through various colleges affiliated to it. The affiliated colleges function as the examination centre. These affiliated colleges/centres in holding the examinations incur various types of expenditure both administrative and procedural. The Assessee-University reimburse these expenses to the affiliated colleges/centres.

Taxation of Lease rent from unsold flats in case of Builder

March 3, 2019 2760 Views 0 comment Print

CIT Vs Gundecha Builders (Bombay High Court) In the present facts it is undisputed that the respondent assessee is in the business of development of real estate projects and letting of property is not the business of the respondent assessee. Rental income received from unsold portion of the property constructed by real estate developer is […]

Statutory right of appeal cannot be denied for meagre delay of 25 days in filing

March 3, 2019 1047 Views 0 comment Print

M/s. Madhucon Granites Ltd. Vs CIT (Appeals) (Madras High Court) Thereis no dispute to the fact that the Order-in-Original passed against  the petitioner  dated 27.04.2017 has indicated that an appeal shall lie before the Commissioner (Appeals), Chennai. Therefore, I find justifiable reasons to believe that the petitioner would have approached the  Commissioner (Appeals), Chennai, in […]

Exemption U/s. 54F cannot be disallowed for mere non-completion of construction of house

March 3, 2019 4137 Views 0 comment Print

Principal CIT Vs Smt. Charumathi Seshadri (Madras High Court)  When assessee invested a sum in purchase of land, which was invested after date of sale of original asset and before due date of filing of return of income under section 139(1) as per requirement of section 54F, then, deduction under section 54F could not be […]

HC dismisses petition against amendments in PMLA through Money Bill

February 28, 2019 1284 Views 1 comment Print

Mr. Jairam Ramesh Vs Union of India and Ors (Delhi High Court) There is no dispute that the petitioner herein is a Member of Rajya Sabha. The plea of Mr. Chidambram that the petitioner was not aware that such amendments have been carried out as Money Bills, is no reason to challenge the amendments, at […]

Suo motu contempt proceeding against CIT / PCIT refund ‘Army Officer’ not granted within 30 days: HC

February 28, 2019 2631 Views 0 comment Print

Respondent CIT/PCIT directed to refund the entire amount of income tax they have recovered, which was an exempted amount and which the petitioner Army Officer has paid in respect of his disability pension.

HC passes severe strictures against DCIT for illegal tax recovery

February 28, 2019 2007 Views 1 comment Print

The court ordered the refund due for AY 1993-94 and 1995-96 to be granted to the assessee along with appropriate interest and also ordered a sum of INR 1.50 Lakhs to be paid to the assessee on account of inefficiency and lapse on the part of the department.

Bogus ITC Case: HC denies Bail as bail of co-accused already been dismissed

February 27, 2019 1053 Views 0 comment Print

Sandeep Goyal Vs Union of India (Rajasthan High Court) Petitioners have filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in Criminal Complaint No.35/2018 for offence under Sections 132(1)(b)(c)(d)(f)(i) & (i) of the Central Goods and Service Tax Act, 2017 read with Section 132(1), (i) & (iv) of Central Goods […]

Reassessment based on material giving rise to reason to believe is valid

February 26, 2019 1287 Views 0 comment Print

Reassessment made by AO was valid as assessee was unable to explain the source of income from which investments had been made by furnishing her bank statements and AO clearly had reason to believe that income of assessee with reference to these three investments had escaped assessment.

Disallowance of employees contribution of EPF & ESI for payment made beyond due date U/s 36(1)(va)

February 26, 2019 111195 Views 3 comments Print

Employees contribution towards EPF and ESI was rightly disallowed by AO as payment was made beyond the due date stipulated under the relevant enactment for making such payment u/s 36(1)(va)

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