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Allahabad High Court

Allotment of residential accommodation to ITAT Members shall be dealt fairly and on priority

December 5, 2015 784 Views 0 comment Print

The learned Additional Solicitor General has stated that the matter of allotment of residential accommodation to members of the ITAT shall be dealt with fairly and on a priority basis. We are of the view that the same principle should be followed for the future so as to obviate writ petitions being

No attachment of bank accounts without following proper procedures

November 30, 2015 33118 Views 0 comment Print

In the case of M/s Kunj Power Project Pvt. Ltd. v/s Union Of India, it was held that the attachment of property and bank accounts can only be done by the revenue authorities after giving proper notice to the assessee and reasonable opportunity of being heard. The attachments needs to be only after following the prescribed procedures provided in the rules.

No penalty u/s 271D on cash loan taken more than Rs. 20,000 if it is routed through Bank

October 3, 2015 3876 Views 0 comment Print

In a landmark judgement of Hon’ble Allahabad High Court in the case of CIT- V. Smt. Dimpal Yadav, it was held that where even through assesee had taken a loan in cash, since loan was routed through bank account of the assessee for the payment to Government for converting land into free

A mere non discussion or non mention in assessment order would not justify sec 263

March 3, 2015 1874 Views 0 comment Print

Hon’ble Allahabad High Court in the case of CIT V/s M/S Krishna Capbox (P) Ltd in Income Tax Appeal No. 1 of 2015 has held that a mere non discussion or non mention in assessment order would not justify section 263 to be applied.

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

January 13, 2015 460 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.

Seizure of goods cannot be made on mere presumption

December 21, 2014 2966 Views 0 comment Print

It is settled principle of law that seizure can not be made merely on presumption. There must be a material to show that the Section 52 Rule 58 or the procedure prescribed in the circular issued by the Commissioner has been violated.

Pay Compensation for illegal detention of goods by VAT Department : HC

December 20, 2014 1309 Views 0 comment Print

It is undisputed that the sole basis for detention of the tanker in question and seizure of the bitumen by the Respondent No.4 was the information collected by him from the toll plaza which revealed that last four digit of the registration number of the tanker in question was similar

Dividend on shares held as stock is taxable as income from other sources

December 19, 2014 10217 Views 0 comment Print

it is immaterial whether the shares are held by the appellant as stock-in-trade. The dividend income derived from these shares is specifically chargeable under the head Income from other sources. Consequently, it is immaterial whether the appellant is a dealer or a trader and caries on business of purchase and sale of shares.

Sec 2(22)e is not attracted on Security deposit made in normal course of business

December 10, 2014 2836 Views 0 comment Print

In Commissioner of Income Tax vs. Creative Dyeing and Printing Pvt. Ltd., 318 ITR 476, an advance was given to the said assessee by the sister concern, which held 50% of the share holding in the assessee concern for mordenisation project.

While granting Registration U/s. 12A CIT not required to look into trust activities

November 18, 2014 2229 Views 0 comment Print

At the time of registration under Section 12AA of the Income Tax Act, which is necessary for claiming exemption under Section 11 and 12 of the Act, the Commissioner of Income Tax is not required to look into the activities, where such activities have not or are in the process of its initiation.

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