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Madras High Court

Scrap sales not forms part of total turnover: HC

September 7, 2021 11265 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 795 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 930 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 1110 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 1767 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 2748 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 2568 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 1023 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 […]

HC on adoption of Guideline value to determine value of a property under Gift Tax Act

September 5, 2021 2316 Views 0 comment Print

The assessee is an individual, the respondent framed an assessment under the Act for the assessment year 1991-92 on the ground that the taxable gift exceeding Rs.12 lakhs has escaped assessment and therefore, notice under Section 16 of the Act was issued on 15.07.1992.

Reassessment was erroneous in absence of prima facie finding by CIT

September 4, 2021 1323 Views 0 comment Print

CIT to at least record a prima facie finding that certain amount claimed by assessee as deduction in its computation of income de facto related to earning of dividend income. Thus, it was held that in the absence of any such prima facie finding, the reassessment was erroneous and no addition could be made under section 14A.

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