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Bombay High Court

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

September 22, 2015 2244 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 2453 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 5176 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.

There must be Validity of application filed before Settlement Commission

September 19, 2015 1404 Views 0 comment Print

The matter involves three assessment years, namely,2010-11,2011-12and 2012-13.The Assessee firm was engaged in the business of trading in ferrous and nonferrous metals. During a scrutiny assessment related to A.Y. 2010-11

The assessee was not bound if the acceptance of disallowance is not conceded in the original return of income

September 19, 2015 1042 Views 0 comment Print

The assessee company was engaged in the making of High Pressure Gas Cylinder and compressed natural gas cylinders. The assessee has subsidiary company at Dubai.The A.O. disallowed interest as per ruled 8D read with section 14A of the Act w.r.t to dividend income of Rs.3191330/-

CIT cannot revoke section 263 when AO adopts one view out of two possible views : HC

September 19, 2015 645 Views 0 comment Print

Bombay High court held In the case of M/s Vijay Udhyog vs. CIT that where two opinion or views are available and one of the view is taken by the AO, cannot be a basis for revision of order u/s 263. Also none of the clauses of section 80I(2)(i) to (iv) prohibit the assessee from taking other industrial undertakings on hire and use it for the purpose of manufacturing activity.

Deduction u/s 54EC allowable on investment after six months if bonds were not available

September 19, 2015 2423 Views 0 comment Print

In the case of ACIT Vs Shri Kamlakar Moghe it was held by Nagpur Bench of Bombay HC that deduction u/s 54EC can be claimed by the assessee despite making the investment in REC bonds beyond six months if the delay was due to non-availability of the REC Bonds.

Reopening not permissible beyond four years if no failure on full disclosure

September 17, 2015 985 Views 0 comment Print

In this case of United Shippers Ltd. Vs. UOI (Bombay High Court) reopening u/s 148 was challenged by way of writ on the ground that assessment was reopened after the expiry of four years and reason recorded did not indicate any material which the petitioner has not fully and truly disclosed in the assessment proceedings.

Settlement Application cannot be admitted without considering objections raised by CIT

September 12, 2015 828 Views 0 comment Print

It was held by Hon’ble High Court of Bombay and Goa in the case of CIT V/s M/s Sai Prasad Properties Limited that an application under section 245D(2C) of the Act has to be disposed of after considering the objections raised by CIT

S. 147 Objections of assessee cannot be disposed off on an Imaginary Ground

September 12, 2015 1845 Views 0 comment Print

In was held by High Court of Bombay and Goa in the case of M/s V M Salgaoncar Sale International V/s ACIT, that objections raised by the assessee against the reasons recorded U/s 148 of the Act can not be disposed off on an imaginary ground by the assessing Officer.

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