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Kerala High Court

No tax liability still TDS mandatory?

March 27, 2018 8658 Views 0 comment Print

Academy of Medical Sciences Vs. CIT (Kerala High Court) Background Chapter XVII-B of the Income Tax Act, 1961 deals with deduction and collection of tax at source [with-holding tax].  This chapter is sub survient to section 4 i.e. charging section of the Act. Section 40(a)(ia) deals with dis-allowance of a portion of expenditure[ which is […]

Assessment should not be completed without communicating Petitioner on Adjournment Request

March 14, 2018 1002 Views 0 comment Print

In the absence of any communication on the request made by the petitioner, according to me, the assessing authority should not have completed the assessments, without a further notice to the petitioner.

Service Tax cannot be levied on chit transactions between 2012 and 2015

March 14, 2018 4023 Views 0 comment Print

The issue raised in all these Appeals/Writ Petitions are with respect to the liability of chit transactions, to service tax as arising from the Finance Act, 1994. The issue arises during three periods, in so far as the amendments made to the Finance Act, 1994

HC upheld penalty U/s. 271D for Accepting Deposits from Staff Members in Cash as Assessee fails to prove reasonable cause

March 13, 2018 1437 Views 0 comment Print

The Revenue is in appeal against the common order of the Tribunal for the assessment years 2005-06 and 2006-07. The issue relates to acceptance of loans and deposits other than by way of Cheque or Draft, in violation of Section 269SS of the Income Tax Act, 1961 [for brevity the Act] and the resultant penalty levied under Section 271D, totaling the amounts so accepted.

Addition U/s 68 justified for Receipts from non-existent broker

March 12, 2018 1155 Views 0 comment Print

Assessing officer treated the receipts as unexplained cash credit for the reason that M/s. National Multi Commodity Exchange of India had confirmed that M/s. Vatika Merchants (supra) was expelled from the exchange long prior to the transactions in question.

Kerala HC explains What is an error apparent on the face of record

March 7, 2018 35862 Views 0 comment Print

CIT Vs. Younus Kunju (Kerala High Court) It needs no repetition that a judgmental error is not a review able error, nor can it be termed an error on the face of record. Error in reasoning or, for that matter, in applying law to facts is an appeal able error. And that power of appeal […]

S. 2(22)(e) deemed dividend not applicable on amount received from Subsidiary Co. as part of Regular Business Transactions

March 6, 2018 9069 Views 0 comment Print

CIT Vs. M/s Malayala Manorama Co. Ltd. (Kerala High Court) Amounts under the disputed heads were being received by the Assessee from its Subsidiary Company only as part of regular business transactions, which was being accounted properly. The change in circumstance, as to the distribution of dailies/publications in the Gulf, causing the same to be […]

Kerala HC allows department to cancel compounding scheme wrongly allowed with instruction to allow input credit on purchases

March 5, 2018 1623 Views 1 comment Print

The appeals are filed against the judgment of the learned Single Judge, affirming the right of the petitioner to pay tax under the compounding scheme. The respondent assessee is engaged in the manufacture and sale of ice-creams. The assessments were of the year 2015-2016 and 2016-2017.

Interest Tax applicable on finance charges from hire purchase of vehicles

February 26, 2018 5025 Views 0 comment Print

Finance charges like interest received from hire purchase of vehicles are like other interest subject to tax under the Interest Tax Act, the Kerala High Court has said.

TDS was not applicable on Hiring of Vehicles prior to Amendment in Sec 194-I

February 26, 2018 2733 Views 0 comment Print

CIT Vs. M/s. Pioneer Personalized Holidays Pvt. Ltd (Kerala High Court) Section 194C of the Act speaks of any payment made to any resident, referred to as a contractor, for carrying out any work including supply of labour, in pursuance of a contract between the contractor and a specified person. Here, the contract if at all, […]

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