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Bombay High Court

HC allows payment by Dharma Productions to SRK owned Company

June 11, 2017 1590 Views 0 comment Print

It was observed that the assessee company is owned by Mr. Karan Johar and RCEPL is owned by Mr.Shahrukh Khan. Both are known personalities of Indian film industry. The authorities have not disputed the fact of providing services by Mr.Shahrukh Khan in the production and marketing of the film `Kaal’. The film was released under […]

Excise Dept To Refund Excessive Fine Imposed 19 Years Ago

June 9, 2017 831 Views 0 comment Print

The matter is called out for final hearing as the matter is specifically listed for final hearing in summer vacation. Heard the learned counsel for the Petitioner and the learned Government Pleader for the State. 2. The Petitioner which is a private limited company holding FL II license and carrying on business of selling liquor […]

No TDS On Salaries Reimbursed Under Secondment Agreement

May 21, 2017 3093 Views 0 comment Print

1] We have heard Mr. Pinto appearing on behalf of Revenue in support of this appeal. 2] In paragraphs 4.1 and 4.2 of this memo of appeal, the Revenue says that the facts are as under:- “4.1 The Assessing Officer, from the records noted that the Respondent Company had made payment of a sum of […]

Railway catering services not exempt from sales tax: Bombay HC

May 17, 2017 1425 Views 1 comment Print

The only contention and which has prevailed throughout is that the departmental catering service being a property of the Union of India through General Manager, Western Railway, it squarely falls within the exemption provision and particularly carved out by Article 285 of the Constitution of India. That exempts property of the Union from the State taxation.

HC on allowability of depreciation & set off of deficit of earlier years claimed by Trust

May 13, 2017 1977 Views 0 comment Print

Assessee education-trust could claim depreciation on assets acquired for purpose of carrying out charitable activities and could also carry forward deficit of earlier years and set it off against income of current year.

Sarkar 3: Bombay HC Directs RGV to Give Scriptwriter Credit for Story

May 11, 2017 2406 Views 0 comment Print

Ram Gopal Varma will ensure that in film Sarkar 3 releasing on Friday, 12th May 2017 credit is given to Mr Nilesh Girkar in exactly the following manner: Based on a story written by Nilesh Girkar

Refusal to accept notice sent by post is deemed service of notice

May 6, 2017 15393 Views 0 comment Print

Admittedly, in the present case, there is an endorsement on the packet which was sent to the address of the noticee, namely, the sole proprietor; that the sole proprietor received it but refused to accept the same. When it was sent by R.P.A.D. to the address, it was returned by the postal authorities with the […]

Notice by Whatsapp or Email is valid if acknowledged by recipient

May 3, 2017 8226 Views 0 comment Print

Where an alternative mode (Whatsapp and Email) is used and service is shown to be effected of the notice, and is acknowledged , then surely it cannot be suggested that the Defendants had ‘no notice’

Assesse must satisfy the appellate authority that ground now raised was bona fide and could not have been raised earlier for good reasons

April 25, 2017 2745 Views 0 comment Print

We note that it is an undisputed position before us that for the subject assessment year, the appellant assessee had not claimed benefit of Section 80IA of the Act in respect of its Jetty / Port either before the Assessing Officer or before the CIT(A).

Sec 40(a)(ia) amendment extending TDS payment due date U/s. 139(1) is Retrospective

April 24, 2017 2745 Views 0 comment Print

Amendment to Section 40 (a)(ia) of the Act by Finance Act, 2010 is retrospective with effect from 1st April, 2005 as held by various High Courts.

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