Allahabad High Court

Interest on FD having no immediate nexus with business is taxable as Income from other sources

Pr. CIT Vs. Sangam Power Generation Co. Ltd. (Allahabad High Court)

Where interest on Fixed Deposit Receipt had no immediate nexus with the business of assessee and business was yet to commence, then so long as assessee had no business income, the interest earned could not be treated as business income and it had to be treated as ‘Income from other sources’....

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HC Slams Central Excise Dept for delay in Court Proceedings due to frequent change in it’s panel lawyers

Commissioner, Customs, Central Excise & Service Tax Vs. M/S Auto Gollon Industries Pvt. Ltd. (Allahabad High Court)

There is delay being caused in Court proceedings by the Central Excise Department as it keeps on changing it's panel lawyers from date to date. Today, when this matter was called out Sri Praveen Kumar, Advocate informed the Court that though he is also a panel lawyer but the file of this case has been now allotted to someone else. ...

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Entertainment tax benefit in UP granted Pre-GST to continue unless specifically revoked

Gng Enterprises Vs. State Of U.P. (Allahabad High Court)

In view of Section 174 of the U.P.G.S.T. as there is no notification repealing the benefit conferred upon the petitioner under the scheme of the Act, he is entitle to collect entertainment tax as in the past upto 31st March, 2020 and to retain the percentage of it in accordance with the scheme....

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Partnership firm granted GST Registration as sole proprietorship: HC directs department to rectify Mistake

M/S Sachdeva Overseas Thru Partner Vs. State Of U.P. And 5 Others (Allahabad High Court)

On the enforcement of the GST, it got itself migrated for the purposes of GST as a partnership firm but instead of issuing registration as a partnership firm, it has been shown to have been registered as a sole proprietorship....

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Non-Speculative Business Loss can be set off against speculative Business Income

CIT Vs. M/S Ramshree Steels Pvt. Ltd (Allahabad High Court)

Non-Speculative Business Loss can be set off against speculative Business Income ...

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Allahabad High Court also rules that sec 40(a)(ia) is applicable on “Payable”

Ashok Auto Sales Ltd v/s CIT (Allahabad High Court)

Allahabad HC in case of Ashok Auto Sales Ltd v/s CIT held that Vector shipping is not correct preposition of law as held by Honb'le SC in case of M/s Palam Gas Service vs. CIT....

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ITO cannot initiate proceedings under Section 263

CIT Vs Shri Jheendu Ram (Allahabad High Court)

An order cannot be revised by the equally situated or equally ranked authority or by any authority who is not authorised under the law. In the instant case the authorised authority is none else but the Commissioner of Income Tax or Principal Commissioner of Income Tax....

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Poultry Feed Supplements are classifiable as Poultry Feed and not as medicines or drug

M/S Golden Streak Drug & Pharmaceuticals Ltd. Vs. Commissioner Trade Tax (Allahabad High Court)

Now it is well settled that as also need of common parlance that an animal feed supplement or cattle feed supplement or poultry feed supplement or balanced cattle feed or poultry feed is actually used as energy nutrients as well as nutrients rich with substance needs for strengthening the body and its development so that a person engaged ...

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Interest on FDRs before business Commencement is Income from Other Sources

Principal Commissioner Of Income Tax Vs. M/S Sangam Power Generation Company Limited (Allahabad High Court)

Anything which can properly be described as income is taxable under the Act unless expressly exempted. Following the above principle, Court held that interest earned by Assessee is clearly its income and unless it can be shown that any provision like Section 10 has exempted it from tax, it will be taxable. ...

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HC refuses to entertain writ petition filed, as an alternative remedy was available U/s.17 of SARFAESI Act, 2002

M/S Kanika Swami Vs State Of U.P. (Allahabad High Court)

In the present case, the petitioner has not made any representation under Section 13 (13-A) of the SARFAESI Act, 2002 before the bank and has approached this Court by-passing statutory mechanism which has been disapproved by the Supreme Court in the case of Devi Ispat Limited and another Vs. State Bank of India and other (2014) 5 SCC 762....

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