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Bombay High Court

Compensation paid to Earlier Buyer to Cancel Agreement is Deductible Expenses u/s 48 for Capital Gains

July 29, 2020 3657 Views 0 comment Print

The issue under consideration is Whether compensation paid to earlier buyer to cancel the agreement is deductible expenditure u/s 48 for calculation of Capital Gains?

Assessment cannot be Reopened based on data already disclosed in scrutiny assessment

July 28, 2020 2970 Views 0 comment Print

Gateway Leasing Pvt. Ltd. Vs ACIT (Bombay High Court) The issue under consideration is whether the re-opening of the assessment u/s 147 is justified in law? In the present case, after referring to the information received following search and seizure action carried out in the premises of Shri Naresh Jain, it was stated that information […]

No section 195 TDS on Charges for Services for issuance of GDR

July 25, 2020 2004 Views 0 comment Print

The issue under consideration is whether the services in relation to issuance of GDRs are covered under the provisions of Section 9(i)(vii) and whether the same liable for TDS under the provisions of Section 195 of the Act?

HC confirms presumption of investments out of interest-free funds

July 24, 2020 1947 Views 0 comment Print

The issue under consideration is whether the addition made by AO u/s 14A with respect of Interest free funds is justified in law?

Section 234B & 234C Interest on Book Profit Not Justified

July 12, 2020 4923 Views 0 comment Print

The issue under consideration is whether the charge of interest under sections 234B and 234C on the book profit was not justified?

Section 69C- No addition on mere Sales Tax Department information

July 12, 2020 3045 Views 0 comment Print

The issue under consideration is whether the Tribunal  was  justified in holding that provisions of section 69C of the Income Tax Act, 1961 are not applicable for assessee?

HC cannot direct to include legal services by advocates in essential services

July 10, 2020 1323 Views 0 comment Print

No mandatory directions, much less directions, can be issued to the State Legislature to include the legal services rendered by the advocates into essential services. The directions as sought by the Petitioner cannot be issued to the State Legislature to legislate in a particular manner,

Release ₹ 833 crore Income Tax Refund to Vodafone in 2 Weeks

July 7, 2020 969 Views 0 comment Print

High Court states that, however, insofar as the net refundable amount of Rs. 833,04,88,000/- is concerned, in our view, the respondents already having invoked their powers under Section 245 of the Act which action has ended with passing of the order dated 28th May, 2020, the respondents cannot withheld the admitted refundable amount of Rs. 833,04,88,000/- on the ground that the respondents may have a future demand against the petitioner arising out of the pending assessment orders.

No disallowance for Advances given if Assessee have sufficient Interest Free Funds

June 30, 2020 891 Views 0 comment Print

PCIT Vs B.T. Patil & Sons Belgaum Construction P Ltd (Bombay High Court) The issue under consideration is whether the Tribunal is correct in disallowing the deduction of interest expenditure on the ground that the assessee had diverted interest bearing funds for non-business purposes? In the present case, The assessee had outstanding balance shown in the […]

Waiver of loan cannot be brought to tax u/s 28(iv) as Subsidy

June 30, 2020 2349 Views 0 comment Print

The issue under consideration is whether the loan given by the Government which was subsequently waived off can be taxed under Section 28(iv) of Income Tax Act?

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