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Bombay High Court

No full waiver of pre-deposit unless assessee proves that undue hardship is caused

July 10, 2015 1496 Views 0 comment Print

It is now settled position of law that, while considering the application for waiver of pre-deposit, the Tribunal or the Appellate Authorities are directed to take into consideration three factors namely, prima facie case, undue hardship and the interest of Revenue.

Interest income earned by assessee on money in bank related to business income is allowed u/s 80IA

July 8, 2015 1072 Views 0 comment Print

Whether tribunal was right in allowing appeal of the assessee holding that the interest income earned by the assessee on fixed deposits with the bank and other interest income are eligible for deduction u/s 80IA.

TDS on payment to doctors working in hospital under section 192 or 194J?

July 3, 2015 22295 Views 0 comment Print

The hospital had hired the doctors i.e professionals for their expertise, experience, and skill in the profession and requests them to be associated with the hospital, then their engagement cannot be said to be of employer-employee relationship.

Depreciation not allowed on share issue expenses capitalized to the cost of assets

June 26, 2015 2759 Views 0 comment Print

The learned counsel for assessee justified the claim for depreciation on the ground that these amounts which were capitalized, represented expenditure incurred in raising finance for the acquisition of and/or for brining into existence capital assets and thus formed part of the cost of fixed assets.

ITR of politicians cannot be provided under RTI unless its in in Public Interest

June 19, 2015 2268 Views 0 comment Print

The sole issue in the present writ petition is whether information related to income-tax returns of politician can be provided to any individual in purview of proviso of section 8 (1) (j) of the Right to Information Act, 2005. Whether the petitioner is entitled to the information

Assessee not bound by Quantum of Admission during assessment proceedings if same not offered in ROI

June 15, 2015 1164 Views 0 comment Print

An Assessee cannot be compelled with the quantum of additions as admitted during the course of assessment proceedings if the said additions were not offered to tax in the return of income.

Case Study of Vodafone India services (P) Ltd. Vs UOI (Bombay HC Decision)

May 10, 2015 39677 Views 0 comment Print

Vodafone India Services (P) Ltd. Is a wholly owned subsidiary of Vodafone Tele-Services (India) Holdings Ltd., a non resident company Mauritian entity. Vodafone Holding is AE (Associate Enterprise) of Vodafone India for the purpose of transfer pricing provisions under chapter X of Income Tax Act 1961. Vodafone india is engaged in providing service in relation to Telecommunication in india.

HC shown displeasure over ITAT Practice Of Consolidating Appeals

May 2, 2015 2381 Views 0 comment Print

As far as question No.5 is concerned, we find the factual situation the backdrop of which this question is raised to be most unfortunate, disturbing and dangerous to say the least. The Tribunal as a matter of routine goes on consolidating appeals.

HC asks ITAT to refrain from making comment against CA, Counsel & Other Parties

April 29, 2015 2730 Views 0 comment Print

Madhukar B. Thakoor vs. ITAT (Bombay High Court)- Hon’ble Supreme Court cautioned the Presiding Officer of the Courts and Tribunals from adversely commenting and remarking on the conduct of parties or their representatives or pleaders.

Reassessment not justified if assessee had disclosed all the material facts and provided necessary documents during assessment proceedings

April 28, 2015 1437 Views 0 comment Print

The facts and which are taken from the director’s report itself would indicate that the Assessee had disclosed what was relevant and necessary for the purpose of making assessment. The Assessee did not hold back any document nor failed to supply any information in addition to the explanation given by it in writing concerning the said management fees expenses. In the circumstances, this is a clear case of change of opinion and based on which, the reassessment is proposed.

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