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Madras High Court

No interest liability against ED u/s 42(3) towards seizing of travellers cheques

December 11, 2020 735 Views 0 comment Print

Since the petition against Enforcement Directorate towards claiming of interest under section 42(3) of FERA towards seized travellers cheques was filed more than 9 years after receiving the rupee equivalent of UK Pounds 1800 without providing of any reasonable explanation for the delay, therefore, the same was liable to be rejected solely on the ground of laches. 

Share Transfer by assessee to its wholly owned subsidiary cannot be considered as a Gift

December 10, 2020 3576 Views 0 comment Print

PCIT Vs Redington (India) Limited (Madras High Court) These appeals have been filed by the Revenue under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) challenging the common order dated 07.07.2014 passed by the Income Tax Appellate Tribunal ‘D’ Bench, Chennai (for brevity “the Tribunal”) in I.T.A.No.513/Mds/2014 (filed by […]

Normal Depreciation allowable in computing real income under Section 11(1)(a)

December 10, 2020 687 Views 0 comment Print

Indian Institute of Engineering Technology Vs DCIT (Madras High Court) With regard to disallowance of depreciation, it is not disputed by the learned Senior Standing Counsel for the Revenue that the issue is clearly covered in favour of the assessee by the decision of the Hon’ble Supreme Court in the case of CIT Vs. Rajasthan […]

Faulty decision-making process adopted while passing impugned order cannot be sustained

December 9, 2020 885 Views 0 comment Print

Tvl. Bmw India Private Limited Vs Deputy Commissioner (CT) (Madras High Court) High Court held that the faulty decision-making process adopted while passing the impugned order cannot be sustained. Learned Government Advocate appearing for the Respondents, on instructions, states that the enquiry for personal hearing would be held on 21.12.2020 and the Petitioner may appear […]

Section 115JB is applicable to insurance companies with effect from 01.04.2003

December 8, 2020 1404 Views 0 comment Print

CIT Vs United India Insurance Company (Madras High Court) Since the provision has been made applicable to the Insurance companies as well with effect from 01.04.2003, the Tribunal has to decide the issue on merits for the assessment year 2013-2014 and decide as to whether the assessing officer was right in computing dis-allowance reserved for […]

HC imposes cost of Rs. 3 Lakh on taxpayer for dismissing dept. order passed without sufficient opportunity

December 8, 2020 738 Views 0 comment Print

Tvl.G. Sankar Timber Depot Vs The State Tax Officer (Madras High Court) Admittedly, the show cause notices were issued on 03.08.2020 and the impugned assessment orders have been issued on 31.10.2020, within a short period of three months. When the petitioner has been seeking for sufficient time for sending a detailed reply and that too when […]

Penalty cannot be imposed for merely treating capital asset as Agricultural Land

December 8, 2020 1065 Views 0 comment Print

Shri Babuji Jacob Vs ITO (Madras High Court) Admittedly, all the amounts were received by the assessee through banking channels and he had mentioned about the same in his return of income. The only mistake done by the assessee was to treat both the lands as agricultural lands. Once the notice under Section 143(3) of […]

HC dismisses plea challenging increase in fees under TN Chit Funds Rules

December 6, 2020 1128 Views 0 comment Print

Incorporated Chit Funds Association Vs State of Tamil Nadu (Madras High Court) Issue before the Court Appendix II of the Tamil Nadu Chit Fund Rules, 1984 (the TN Chit Funds Rules) was substituted by an amendment thereto which was effected by G.O.Ms.No.176, Commercial Taxes and Registration (G), dated 29.11.2017 in exercise of powers conferred by […]

Bad Debt cannot be claimed as deduction unless written off in Books

December 4, 2020 3576 Views 0 comment Print

Landmark judgment on claimed compensation & business expenditure. High Court rules against Assessee in Allu Arvind Babu vs ACIT case.

No Direct Petition Before HC Where statutory remedies Not Utilised by Petitioner Without Any Satisfactory Reasons

December 4, 2020 516 Views 0 comment Print

ITC Limited Vs Commissioner of Customs (Madras High Court) Article 226 is not meant to short-circuit or circumvent statutory procedures. It is only where statutory remedies are entirely ill-suited to meet the demands of extraordinary situations as for instance where the very vires of the statute is in question or where private or public wrongs […]

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