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Gujarat High Court

Donation for Scientific Research cannot be treated as Bogus when doneee confirms use for such Purpose

January 20, 2020 1269 Views 0 comment Print

The Expenses incurred on a Donation made through Banking Channel used for Scientific Research will be allowed to the assessee as Herbicure Foundation has confirmed that the amount has been utilized for scientific research and there is no evidence that the same is returned back in cash.

Section 179: No Tax recovery from director if same can be recovered from Company

January 20, 2020 13731 Views 0 comment Print

In the show-cause notice, there is no whisper of any steps having been taken against the Company for recovery of the outstanding amount. Even in the impugned order, no such details or information has been staled.

Lawyer fee on daily basis for business allowable as revenue expense

January 20, 2020 4125 Views 0 comment Print

The Gujarat High Court has held that the lawyer fee/legal assistance expenditure taken by the assessee on day to day basis for the purpose of business can be treated as revenue expenditure and deductable from Taxable Income.

SCN issued invoking Section 73 is not tenable if no willful mis-statement or suppression of facts by taxpayer

January 16, 2020 5568 Views 0 comment Print

Linde Engineering India Pvt. Ltd. & Ors. Vs Union of India (Gujarat High Court) Rule 6A of the Service Tax Rules, 1994 provides that services rendered would be treated as ‘Export of services’ when clause (a) to clause (d) refers to provider of service is located in the taxable territory and recipient of service is […]

Gift Received from Brother-in-Law is Exempt under section 56(2)

January 13, 2020 3495 Views 0 comment Print

PCIT Vs Arvind N Nopany (Gujarat High Court) The issue under consideration is whether the gift received from Brother-in-law is exempt u/s 56(2) of I T Act? High Court states that, the tribunal took into consideration the details of the donor, more particularly, the PAN number, capital gain statement, bank statements and the other relevant […]

Reopening of Assessment after 4 years only if some new Tangible material

January 13, 2020 1755 Views 0 comment Print

Arun Munshaw HUF Vs ITO (Gujarat High Court) Thus, having regard to the position of law and the materials emerging from the record of the case, it cannot be said that there was no full and true disclosure at the end of the assessee of the material facts. In such circumstances, it could be said […]

Commission paid for referring names of potential customers is allowable

January 13, 2020 1386 Views 0 comment Print

It is a settled principle of law that commission paid to persons for referring names of customers is allowable u/s. 37 of the Act for introducing potential customers to the assessee falls within the ambit of service.

Loan waiver never claimed as expenditure cannot be taxed u/s 41(1)

January 13, 2020 1845 Views 0 comment Print

Loan amount which was never claimed by assessee as expenditure, waiver of same could not amount to cessation of trading liability and was not chargeable to tax under section 41(1).

Release goods on deposit of requisite amount & bank guarantee: HC

January 10, 2020 570 Views 0 comment Print

we are inclined to pass an interim order for the release of the goods and the vehicles. We direct the writ ­applicant to deposit an amount of Rs.50,40,972/­ towards the tax with the respondent no.2 and the balance amount of Rs.50,40,972/­ towards the penalty shall be in the form of a bank guarantee of any nationalized bank. On deposit of the requisite amount and the bank guarantee, the authority concerned shall release the goods and the vehicles forthwith.

Provisional GST attachment order validity ends automatically after 1 Year: HC

January 9, 2020 795 Views 0 comment Print

Mono Steel (India) Ltd Vs State of Gujarat (Gujarat High Court) The plain reading of the order passed by a Coordinate Bench of this Court dated 17th January, 2019 would indicate that the attachment of the bank accounts was ordered to be released subject to the writ applicant maintaining an amount of Rs.4 Crore in […]

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