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Madras High Court

Madras HC: University cannot be levied Service Tax for disseminating Educational Services

September 9, 2021 3759 Views 1 comment Print

Madurai Kamaraj University Vs Joint Commissioner (Madras High Court) In Madurai Kamaraj University v. Joint Commissioner GST and Central Excise [W.P.(MD) No.20502 of 2019 and W.M.P.(MD) No.17152 of 2019 dated August 16, 2021], Madurai Kamaraj University (the Petitioner) has sought for a writ of Certiorari for quashing of the records on the file of  Joint […]

Quashing of FIR against ex-director of ILFS cannot be presumed as a ‘Clean Chit’

September 9, 2021 2205 Views 0 comment Print

The FIR against the ex-director of IL&FS was quashed as when SFIO was probing the case, no other investigative agency was empowered to investigate into the affairs of IL & FS and its subsidiary companies for any offences under the Companies Act but the same did not allow a clean chit to assessee herein, as persons who was beyond a pale of doubt.

Scrap sales not forms part of total turnover: HC

September 7, 2021 10101 Views 0 comment Print

CIT Vs Tweezerman (India) Pvt. Ltd. (Madras High Court) The short question involved in the instant case is as how to compute the total turnover while considering the claim for exemption under Section 10B of the Act. The assessee is engaged in the manufacture of certain articles which are being exported and during the manufacturing […]

HC upheld addition for cash payment for shares from unexplained Sources

September 5, 2021 681 Views 0 comment Print

Jaidayal Prannath Kapur Vs CIT (Madras High Court) The assessment for the Assessment Year under consideration, AY 2002-03, was reopened and notice under Section 148 of the Act was issued. From the findings recorded by the Assessing Officer in the Assessment Order, dated 19.12.2007, we find that, initially, the assessee did not extend full cooperation […]

Normal depreciation is legitimate deduction in computing real income on general principles

September 5, 2021 834 Views 0 comment Print

The Music Academy Madras Vs DDIT (Exemptions) (Madras High Court) It is not in dispute that the substantial questions of law framed for consideration have been answered in favour of the assessee by the Hon’ble Supreme Court in the case of CIT vs. Rajasthan and Gujarati Charitable Foundation Poona reported in (2018) 402 ITR 0441 […]

Hiring of certain machineries from sister concern not amounts to transfer for Section 80J(4)(ii)

September 5, 2021 936 Views 0 comment Print

The decision of the Hon’ble Supreme Court in Bajaj Tempo Ltd. (supra), was followed in CIT vs.Nayyars Minerals Export (P.) Ltd. reported in (1998) 231 ITR 864 (HP), wherein it was held that hiring of certain machineries from sister concern would not amount to transfer as provided under Section 80J(4)(ii) of the Act.

Limitation period for revisional proceeding in case of both Assessment & Reassessment

September 5, 2021 1527 Views 0 comment Print

CIT Vs Indian Overseas Bank (Madras High Court) The question as to whether the date, on which the order under Section 147 of the Act was passed should be reckoned as the starting point of limitation, considering the facts and circumstances of the case, has been dealt with by several decisions of the Hon’ble Supreme […]

Sales Commission cannot be treated as Technical Services

September 5, 2021 2499 Views 0 comment Print

CIT Vs Wheels India Limited (Madras High Court) After hearing the submissions of the auhorized representative of the assessee, the CIT(A) perused the copies of the agreement and on facts, found that the amounts paid by the assessee were sales commission and marketing services to nonresident agents outside India for their services rendered outside India […]

Section 40A(2)(b) not invocable for Expense on Land purchase from directors based on prudent commercial decision

September 5, 2021 2418 Views 0 comment Print

CIT Vs. Adityaram Properties (P) Ltd. (Madras High Court) The sole reason for which the Assessing Officer invoked Section 40A(2)(b) of the Act is for the reason that the Directors of the company were paid Rs.3 Lakhs per cent for the purchase of the land, whereas, the lands have been sold by the assessee to […]

Madras HC stays Attachment Order and prohibits withdrawal of FDs

September 5, 2021 858 Views 0 comment Print

Deputy Director of Income Tax Vs Sigapi Muthiah (Madras High Court) Heard Mr.R.Sankara Narayanan, learned Additional Solicitor General appearing for Mr.A.P.Srinivas, learned Senior Standing Counsel for the appellant, and Mr.A.L.Somiyaji, learned Senior Counsel appearing for Mr.R.Sivaraman, learned counsel for the 1st respondent. 2. These Writ Appeals have been preferred by the Revenue, challenging the correctness […]

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