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Bombay High Court

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

September 23, 2015 4765 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 3116 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 4546 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 2331 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 2516 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 5266 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 1437 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 1075 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 681 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 2453 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.

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