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Gujarat High Court

Amendment not retrospective unless specifically stated

March 14, 2016 5053 Views 0 comment Print

Gujarat High Court held In the case of Tata Teleservices vs. Union of India that while amending section 201 by Finance Act, 2014, it has been specifically mentioned that the same shall be applicable w.e.f. 1/10/2014 and even considering the fact that proceedings for F.Y. 2007-08

Adjustment entries being not in nature of loan or advances are outside the purview of deemed dividend u/s 2(22)(e)

January 22, 2016 1559 Views 0 comment Print

Gujarat High Court held In the case of CIT (TDS) vs. Schutz Dishman Bio-Tech Pvt. Ltd. that there are large number of adjustment entries between the corporates. Unlike transactions of loans and advances, in this kind of adjustment entries, the movement of funds is both ways and the same is more in the nature of current account rather than a loan account.

Sales tax liability of assessee could not be recovered from spouse’s property unless assessee had any right/interest in that property

January 15, 2016 700 Views 0 comment Print

It is held that mere reference to the power under Section 48A of the Gujarat Sales Tax Act doesn’t empower the Department to attach the property of the Petitioner unless it is proved that husband had any right or interest in the property of the Petitioner.

Assessee can utilize Cenvat credit while making payment of duty foregone at the time of de-bonding of 100% EOU Unit

January 15, 2016 595 Views 0 comment Print

The Hon’ble High Court, Gujarat relying upon the Order addressed by the Department to Alps Chemicals Pvt. Ltd. on the same facts and judgment in the case of Ralli Engine Ltd. Vs. Union Of India [2004 (4) TMI 590 – Gujarat High Court], held that the Appellant is permitted to pay the Excise duty foregone from the legally availed Cenvat credit account.

Interest under Income Tax- Calendar Month or 30 Day Month?

December 22, 2015 4037 Views 0 comment Print

CIT Vs. Arvind Mills Limited (Gujarat High Court)- Whether ITAT was right holding that the assessee was entitled to interest under Section 244A of the Act for both the months when the tax was paid and when the tax refundable was adjusted irrespective of the period between such events?

Substratum for formation of belief that income liable to tax has escaped assessment has to form part of reasons recorded

November 28, 2015 1015 Views 0 comment Print

Varshaben Sanatbhai Patel vs. ITO (Gujarat High Court) It is settled legal position as held by a catena of decisions that the substratum for formation of belief that income liable to tax has escaped assessment has to form part of the reasons recorded.

Inadvertent mentioning of wrong assessee code does not invalidate payment: HC

November 13, 2015 4775 Views 2 comments Print

In the case of Devang Paper Mills Pvt Ltd Vs UOI, it was held that merely mentioning wrong code in the process, cannot result into such harsh consequence of the entire payment not being recognized as valid, incurring further liability of repayment of the basic duty with interest and penalties.

Gujarat HC directs CBDT to extend ITR due date to 31.10.2015: Judgment Analysis

September 30, 2015 2500 Views 0 comment Print

By this petition under article 226 of Constitution of India petitioners sought relief by way of writ and prayed before court that due date of filing ITR should be extended upto 30.11.2015. Following relief were sought in this instant writ petition

Guajrat HC also Directs CBDT to extend due date to 31st October 2015

September 29, 2015 45518 Views 0 comment Print

After Punjab & Haryana High Court the Gujarat High Court also directs CBDT to extend the due date for Filing of ITR to October 31st in its Judgement today.

Explanation to Sec. 80-IB(9) inserted by FA 2009 w.e.f. 1.4.2000 is ultra vires to Article 14 of Constitution of India

April 25, 2015 4928 Views 0 comment Print

Issue- Whether the insertion of sub clause (iv) in Section 80-IB(9) of the Income Tax Act, 1961, by Finance (No.2) Act, 2009 conferring the benefit of the deduction under this Section to undertakings engaged in commercial production of natural gas in blocks licensed under VIIIth round of bidding provided

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