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Bombay High Court

Accrued Interest on Sticky advances of Co-Operative Banks not taxable

September 26, 2015 2428 Views 0 comment Print

In the case of CIT Vs. M/s.Deogiri Nagari Sahakari Bank Ltd. & Others , Bombay High Court inter-alia held that the assessee herein being a Cooperative Bank also governed by the Reserve Bank of India and thus the directions with regard to the prudential norms issued by the Reserve Bank of India

Section 36(2)(i)- Loan- Bad Debts allowable if assessee offered interest income to tax in earlier years

September 25, 2015 4960 Views 0 comment Print

CIT Vs.Pudumjee Pulp & Paper Mills Ltd. (Bombay High Court) Assesse received interest on inter-coporate deposit which was offered to tax in earlier years. Subsequently, assesse made certain provision for bad debts.

Wthout assigning reasons Tribunal cannot remand matter to A.O. on matters on which in earlier years it decided in favour of Assessee

September 25, 2015 576 Views 0 comment Print

In the case of Hinduja Global Solutions Ltd. Vs. UOI Assesse’s case for exemption under section 10A was allowed in earlier years by Tribunal. During the relevant year, the Tribunal disallowed assessee claim.

Addition in case of own mischief of assessee will not amount to double taxation – HC

September 23, 2015 1666 Views 0 comment Print

Bombay High court held In the case of R.B. Shreeram Durgaprasad (P) Ltd. vs. The CIT that concept of double taxation is not attracted in the present matter. The Export firm has to pay tax as it has actually utilized that amount as its income while the assessee has to pay tax as it attempted to conceal that income.

Periodic payments are covered under section 40(c)(iii) but Lumpsum Payment are not : HC

September 23, 2015 4258 Views 0 comment Print

Bombay High court held In the case of M/s Nagpur Engineering Co. Pvt. Ltd. vs. CIT. that in order to attract ceiling u/s 40(c), the payment must be a periodical payment. A Lumsum payment or one time payment is not covered under section 40(c) of Income Tax Act, 1961.

Deduction U/s. 80P(2)(a) allowable to Co-Op. banks on Commission on collection of electricity bills & prepayment facility: HC

September 23, 2015 2903 Views 0 comment Print

Bombay High court held In the case of CIT vs. Amravati District Central Cooperative Bank Ltd. that following the judgment of (2003) 264 ITR (38) (Bom.) (CIT vs. Ahmednagar District Central Cooperative Bank Ltd.)

Distance for agricultural land prior to A.Y. 2014-15 is to be measured by approach road & not by straight line/ aerial method : HC

September 23, 2015 4081 Views 0 comment Print

Bombay High court held In the case of The CIT vs. Nitish Rameshchandra Chordia & others. that amendments in the statute unless a different legislative intention is clearly expressed, shall operate prospectively.

Extended period invoked cannot be more than what is specified in Act– HC

September 22, 2015 1962 Views 0 comment Print

In the case of Shri Dharampal Lalchand Chug Vs CCE, it was held by Bombay High Court that the period of limitation prescribed in section 11A of the Act cannot be enlarged. Once it is possible to scrutinise and verify the compliance of the terms and conditions on which the exemption has been issued in this case

Telecom Service providers not entitled to avail CENVAT credit on Towers, its Parts and Pre-fabricated buildings – HC

September 22, 2015 2318 Views 0 comment Print

In the case of Vodafone India Ltd. V/s. The Commissioner of Central Excise, it was held by Bombay High Court that by following the principles laid down in the case of Bharti Airtel Ltd. v/s Commissioner of Central Excise, a telecom service provider is not entitled to credit of duty paid on towers

TDS not applicable on Wheeling & Transmission charges u/s 194J/194I if agreement entered is on principal to principal basis

September 19, 2015 4798 Views 0 comment Print

The assessee company was incorporated on 31.05.2005 pursuant to the reorganization of the Maharashtra State Electricity Board.During the course of survey conducted on 18.12.2008, it was noticed that the assessee had made payment to MSETCL and PGCIL under the BPTAs without deducting tax at source.

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