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Bombay High Court

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

June 26, 2015 3065 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 2565 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 1479 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 41624 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 2873 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 2934 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 1614 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.

Penalty u/s 271(1)(c) not justified for unsustainable claim which was fully disclosed

April 3, 2015 3848 Views 0 comment Print

Hon’ble High Court held that making of an incorrect claim would not tantamount to furnishing inaccurate particulars of income when Assessee has made full disclosure of relevant Facts and of Claim Made as held by Hon’ble Supreme Court in the case of CIT vs. Reliance Petroproducts Pvt. Ltd. 322 ITR 158.

Sodexo meal vouchers are utility goods- Octroi & LBT can be levied

March 26, 2015 4167 Views 0 comment Print

The Petitioner Company is conducting a business of providing pre­printed Sodexo Meal Vouchers (For short “the said Vouchers”). The case made out in the Petitions is that the Petitioner Company enters into a contract with its customers for issuing the said vouchers.

Even though contract is awarded to assessee, the income is assessable only in the hands of person which has executed work

March 20, 2015 1360 Views 0 comment Print

The assessee, a joint venture company, was awarded a project work. However the assessee did not execute the contract and the said work was done by one of its constituents namely SMS Infrastructure Limited (‘SIL’).

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