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Madras High Court

No penalty where issue involved is predominantly and legally interpretative in nature: HC

September 19, 2015 2406 Views 0 comment Print

In the case of Commissioner of Service Tax Vs. Vijay Television (P) Ltd., it was held by Madras High Court that the decision of the Tribunal is correct in setting aside the demand of service tax for the period beyond the normal period of limitation prescribed under Section 73 of the Finance Act

Demand barred by limitation if suppression not proved – HC

September 17, 2015 1697 Views 0 comment Print

In the case of, M/s. Aidees Electronics Pvt. Ltd. V/s. CCE it was held by Madras High Court that if the original authority had invoked the enhanced period of limitation on only one particular ground viz., suppression of fact and the appellate authority had set aside that finding

Pre-deposit u/s 35F not applicable to stay applications &appeals pending prior to commencement of Finance Act (2 of 2014)- HC

September 14, 2015 838 Views 0 comment Print

In the case of Fifth Avenue Sourcing (P) Ltd. V/s Commissioner of Service Tax it was held BY Madras High Court that second proviso to Section 35F of the Act makes it abundantly clear that the proviso to this Section shall not apply to stay applications and appeals pending before the appellate authority prior to the commencement of the Finance Act (2 of 2014).

If building is constructed by trust on land owned by trustee; the provisions of sec 13(1) does not gets attracted

August 30, 2015 3746 Views 0 comment Print

Madras High Court in M/s Natya sankalpaa Vs DIT Exemptions held that if the trustee would compensate the trust with the amount which trust had applied on the property of the trustee then it could not be said that the income of trust had applied to the benefit of trustee

No wealth tax on land which remains vacant as per construction Plan

August 30, 2015 1231 Views 0 comment Print

Madras High Court held in CIT Vs M/s MIL Industries Ltd that the vacant land left on constructed property as per the construction plan of that property would not be treated as a vacant urban land because the vacant land left was the requirement of the construction plan

For computing income u/s 80I or 80 IA only losses and deductions of eligible business has to be considered from initial A.Y.

August 30, 2015 2038 Views 0 comment Print

Madras High Court in CIT Vs K Rajinikanth (Madras High Court) held that for computing the income for calculating the deduction u/s 80IA, only the profits & Losses of the eligible business had to be taken into consideration as if it was the only business of the assessee.

Re-assessment proceedings cannot be initiated u/s 147 just because of change in opinion

August 30, 2015 555 Views 0 comment Print

Madras High Court held in CIT Vs M/s Schwing Stetter India P Ltd that the case only be opened for re-assessment u/s 147 only if there was a tangible material in the hand of AO , it could not be opened just because of the change in the opinion of AO.

In case of failure to issue proper notice to assessee, ITAT has right to review its own order

August 30, 2015 633 Views 0 comment Print

Madras High court in CIT Vs M/s Sea Rose Marines Pvt Ltd (Madras High Court) held that if the notice was not issued to the assessee properly then the ITAT had the right to review its own order. The ITAT had recalled the order and gave new decision after reviewing

sec 80HHC- Taxation Laws (2nd Amendment) Act, 2005 have prospective effect

August 30, 2015 1414 Views 0 comment Print

Madras High Court held in CIT V/s Ms Orient Express that the amendment to sec 80HHC would have prospective effect from 2005 not retrospective effect.

Income from sell of land is capital gain, if purchase and sell of land is not the business of Assessee

August 30, 2015 4614 Views 0 comment Print

Madras High Court held in CIT Vs Ms Vidya Thangakumar that it would vary from case to case that whether the land in the hand of assessee is a capital asset or business stock. In the present case the assessee had got the land under settlement and it had to sell the land

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