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Gujarat High Court

Refund cannot be denied for failure of Tax Department

October 23, 2014 2588 Views 0 comment Print

There is no dispute about the fact that the order of penalty at annexure A dated 12.3.2010 was made against the petitioner on the basis of the assessment of income of the petitioner done by the assessing officer under section 143(3) of the Act.

Gujarat HC Directs CBDT to Extend ITR Deadline to 30 Nov 2014

September 26, 2014 15612 Views 0 comment Print

CBDT is directed to modify the notification dated 20th August, 2014 issued in exercise of powers under section 119 of the Act by extending the due date for furnishing the return of income to 30th November, 2014.

Purchases cannot be treated as bogus for none traceability of suppliers

September 10, 2014 9662 Views 0 comment Print

The question pertains to the purchases made by the assessee-respondent. On account of unverifiable purchases, the Assessing Officer made additions to the tune of Rs. 1.27 crores. He was of the opinion that none of the parties could be located and therefore, such purchases were held to be bogus.

Assessee not required to pay tax to the extent to which it has been deducted from relevant income

August 28, 2014 1688 Views 0 comment Print

As provided by s. 205 of the Act, where tax is deductible at source, the assessee shall not be called upon to pay the tax himself to the extent to which it has been deducted from the relevant income. Thus, from the aforesaid provisions it emerges that as soon as the tax is actually deducted

TDS credit cannot be denied for non matching with 26AS if Assessee produces TDS Certificate

August 14, 2014 9342 Views 0 comment Print

The grievance which is voiced in the present petition by the assessee is that though deductor ­employer ­ Amar Remedies Limited had deducted TDS for total Rs.5,86,606/­ and for which Form 16 A has been issued by it, department has not given credit of the said TDS to the petitioner­ assessee

No absolute right of an Advocate to have appearance in any Court – Gujarat HC

August 11, 2014 5643 Views 0 comment Print

The High Court of Gujarat in a Writ Petition in the form of Public Interest Litigation between Vasava Narpat Sinh, Advocate v/s Registrar, Gujarat High Court & Ors has held that an Advocate has no absolute right to have appearance in any Court in India even after enforcement of Section 30 (Right of advocates to practice) of the Advocates Act, 1961 with effect from 2011.

Licence fee for putting up hoardings is taxable as income from other sources

July 17, 2014 1574 Views 0 comment Print

Municipal Corporation has to carry out certain functions of obligatory and some of discretionary character. In carrying out such functions, it has powers granted under the Act. It can generate revenue and apply the same for the purpose of carrying out its functions.

Tribunal cannot decide an appeal on merits when first appellate authority had dismissed the appeal for want of pre-deposit – Gujarat High Court

July 9, 2014 2893 Views 0 comment Print

In this matter, the Hon ’ble Gujarat High Court quashed and set aside the judgment of the Gujarat Value Added Tax Tribunal holding that the Tribunal was not justified in deciding the appeal on merits of the adjudication order when the appeal before it was against the order passed by the first appellate authority dismissing the appeal on non-deposit of pre-deposit

Section 14A have no application if Assessee not made any claim for exemption

May 25, 2014 3988 Views 0 comment Print

Sub­section(1) of section 14A provides that for the purpose of computing total income under chapter IV of the Act, no deduction shall be allowed in respect of expenditure incurred by the assessee in relation to income which does not form part of the total income under the Act.

Instruction No. 3 of 2011 dated 9.2.2011 issued by CBDT has prospective effect

May 4, 2014 9738 Views 0 comment Print

Clause 11 of Instruction No. 3/2011 dated 9.2.2011 specifically states that “this instruction will apply to appeals filed on or after 9.02.2011. However, the cases where appeals have been filed before 9.02.2011 will be governed by the instructions on this subject

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