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Madras High Court

No Entertainment Tax on Online Cinema Ticket booking charges

December 14, 2020 3744 Views 0 comment Print

AGS Cinemas Pvt. Ltd Vs Commercial Tax Officer (Madras High Court) Hon;b;e High Court held that ‘online booking charges’ charged by a Cinema Hall Owner besides the “cost of ticket” for entry into the cinema hall and enjoy the entertainment in the form of a movie, is not part of taxable receipt by the Cinema […]

HC quashed prosecution against P. Chidambaram’s son & daughter-in-law for alleged non-disclosure of cash

December 11, 2020 2667 Views 0 comment Print

Prosecution launched by the Deputy Director for alleged non disclosure of cash by assessee and his wife was not maintainable and premature one. Merely because the power vested to lodge a complaint by the Deputy Director every case the prosecution could not be launched merely on the conferment of such power without any material. If AO came to the conclusion in a proceedings under Section 153 of the Income Tax Act, it was open to the Department to initiate penal action as per law.

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

December 11, 2020 984 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 4335 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 804 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 1008 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 1629 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 906 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 1314 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 1371 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 […]

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