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Madras High Court

Expenditure on Lease Premises towards Civil Furniture etc. is Capital Expenditure

October 15, 2020 6117 Views 0 comment Print

The issue under consideration is whether the expenditure incurred by the assessee on the lease premises towards civil furniture, etc. is a revenue expenditure or capital expenditure?

HC Refused to Entertain Plea of Rajinikanth against Property Tax Demand for Vacant Marriage Hall

October 14, 2020 627 Views 0 comment Print

whether the petition filed for disposal of notice for demanding property tax without waiting for disposal of same case by Municipal Corporation is justified in law?

Yes Bank Case: Madras HC upholds legal validity of RBI’s circular on Additional Tier 1 Capital Bonds

October 13, 2020 5352 Views 0 comment Print

Piyush Bokaria Vs RBI (Madras High Court) Facts- The RBI’s master circular dated 01.07.2015 is challenged on the ground that it violates Article 14, 19, 21, 253 and 300-A of the constitution. Further, it is also challenged to be contrary to the provisions of the Companies Act, 2013, the Indian Contract Act, 1872, the Transfer […]

Bill discounting Income computable as per accounting method regularly employed

October 12, 2020 9840 Views 0 comment Print

Karur Vysya Bank Ltd Vs ACIT (Madras High Court) Facts- Only matter involved is income received in advance in the nature of interest income on discounting of bills against letter of credit is to be taxed on receipt basis or accrual basis. Assessee contended that there was no escapement of income. Assessee were following mercantile […]

SVLDR: Designated Committee cannot revisit the issue after determination 

October 12, 2020 2106 Views 0 comment Print

Designated Committee cannot revisit the issue if once made the determination under Section 127(4) r/w. Rule 6 of the SVLDR Scheme Rules, 2019

HC Remand Back the case to AO for Detailed Enquiry of Disallowance u/s 36(1)(iii)

October 12, 2020 1863 Views 0 comment Print

The issue under consideration is whether disallowance made u/s 36(1)(iii) is to be allowed when the Assessee has diverted interest bearing funds to its sister concern without charging any interest?

Genuineness irrelevant while disallowing expenses – Section 40A(3)

October 11, 2020 1698 Views 0 comment Print

Revenue is right in contending that the genuinity of the transaction is hardly a matter, which should weigh in the minds of the Assessing officer while examining as to the whether the assessees had violated Section 40A(3) of the Act.

Exemption u/s 2(15) was allowable to Investor Financial Education Academy for conducting activities for charitable purpose

October 9, 2020 1008 Views 0 comment Print

Exemption under section 2(15) was allowable to assessee-Investor Financial Education Academy as the surplus of assessee could not be distributed, which was clearly spelt out in the Memorandum of Association, income and profit of the company, whatsoever derived should be applied solely for the promotion of its objects as set forth in the memorandum; no portion of the income or property aforesaid should be paid or transferred.

‘High Speed Diesel Oil’ includible as commodity in CST registration certificate

October 9, 2020 2280 Views 0 comment Print

Sri Siva Saravana Blue Metals Vs  Assistant Commissioner (ST) (Madras High Court) The Appellant State and the Revenue Authorities are directed not to restrict the use of ‘C’ Forms for the inter-State purchases of six commodities by the Respondent/Assessees and other registered Dealers at concessional rate of tax and they are further directed to permit […]

HC: Section 2(22)(e) Deemed dividend not to be assessed in the hands of partnership firm

October 9, 2020 3267 Views 0 comment Print

Section 2(22) (e) would stand attracted when a payment is made by a company, in which public are not substantial interested by way of advance or loan to a share holder, being a person who is the beneficial owner of the shares. Thus, deemed dividend under Section 2(22) (e) is to be assessed in the hands of the shareholder and not in the hands of the partnership firm.

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