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Bombay High Court

AO cannot disallow expense U/s. 14A without recording his dis-satisfaction

October 9, 2017 1320 Views 0 comment Print

Whether on the facts and in the circumstances of the case, the Hon. Income Tax Appellate Tribunal was justified in restricting the disallowance u/s 14A to Rs.3,50,000/­ as against Rs.1,46,78,090/­ made by the Assessing Officer u/s 14A r.w. Rule 8D without appreciating the fact that for invoking disallowance u/s 14A, it is not material that the assessee should have earned such exempt income during the financial year under consideration as per CBDT circular No.5/2014 dated 11.02.2014

Penalty cannot be levied merely for non-challenge of addition by assessee in appeal

October 9, 2017 1569 Views 0 comment Print

CIT Vs. Smt. Madhuri Satish Misal (Bombay High Court) Amount which has been subjected to levy of penalty primarily on the ground that the assessee agreed to the addition and did not challenge it in appeal. The Tribunal in paras 19 to 21 of its order considered the principles which have to be invoked and […]

HC set aside order passed by Tribunal without application of Mind

October 7, 2017 1356 Views 0 comment Print

HC held that We do not see how it is possible for us to uphold the order of the Tribunal and when it purports to decide two Appeals of the Revenue by single paragraph conclusion. There is absolutely no discussion of the law and why the co­ordinate Bench decision rendered at Delhi is either distinguishable […]

ITAT has to reappraise & re appreciate all factual materials placed before it

October 3, 2017 1263 Views 0 comment Print

It was held by Supreme Court in Karnani Properties Ltd vs. CIT [1972 AIR 2315, 1972 SCR (1) 457] that it is for the Tribunal to find facts and it is for the High Court and this Court to lay down the law applicable to the facts found. Neither the High Court nor this Court has jurisdiction, to go behind or to question the statements of facts made by the Tribunal.

Revenue cannot tax Both On Money and expenditure out of it as same amounts to double addition

September 27, 2017 2043 Views 0 comment Print

If the unaccounted expenditure incurred is from the on money received by the assessee, then, the question of making any addition u/s 69C does not arise because the source of the expenditure is duly explained. It is only the ‘on money’ which can be considered for the purpose of taxation.

LBT Not leviable on E-Recharge but can be levied on SIM cards and recharge coupons: Bombay HC

September 26, 2017 1026 Views 0 comment Print

High Court held that (I) We hold that e-­recharge is not covered by the Item No. 133 of the Government Notification dated 28th March 2013 and that in any event, LBT cannot be levied on e­recharge; (II) We reject the contention of the petitioner that the LBT is not payable on the SIM cards and […]

Abbreviations in order without indicating what they stand for creates confusion: HC to Tribunal

September 25, 2017 1083 Views 0 comment Print

High Court held that Tribunal’s order is confusing. In the impugned order, the Tribunal does not indicate what it means by AOP. It does not indicate as to what it means by TAS for both sides tell us that it is identical to TDS, namely, Tax Deducted at Source. We are unhappy with the abbreviations […]

Assessment u/s 153A can be made only on the basis of incriminating material found in search

September 24, 2017 3237 Views 0 comment Print

Though the name of the respondent ­ assessee is distinct in each of these Appeals, it is agreed that the Revenue is proposing similar questions in all of them. These Appeals of the Revenue arise out of the order passed by the Tribunal and taking a view that the grounds raised are covered, in majority of the cases, by the earlier order of the Tribunal.

Every Majority Decision is Not ‘Cartelisation’: Delhi HC in Reliance Jio Vs. Others

September 21, 2017 1614 Views 0 comment Print

Bombay High Court quashed and set aside an order of the Competition Commission of India (CCI) which directed a probe into the ‘cartelisation’ charge leveled against Vodafone India, Idea Cellular and Bharti Airtel Limited, by Reliance Jio.

Training & Coaching services to Students by Trust liable to Service Tax

September 18, 2017 2784 Views 0 comment Print

A educational coaching is covered by the expression coaching centre as defined in section 65(26) and (27). That it is not on commercial basis or predominantly for profit is the only argument canvassed throughout.

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