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Madras High Court

HC explains when Transfer to holding company cannot be regarded as Transfer

August 16, 2020 2124 Views 0 comment Print

CIT Vs Shardlow India Ltd. (Madras High Court) In this case The assessment was reopened on 06.8.2013 by issuing a notice under Section 148 of the Act on the ground that the assessee transferred some portion of its land at Sembium to its holding company namely M/s.Simpson & Co. Ltd., for a consideration of Rs.375 […]

Section 10AA Deduction eligible on Manufacturing Activity as per SEZ Act

August 15, 2020 2328 Views 0 comment Print

whether the tribunal is correct in holding that the assessee is carrying on manufacturing activity as per SEZ Act, 2005 and hence eligible for deduction U/s.10AA?

Expenditure on Hotel Rooms Renovation & Redecoration is Revenue Expense

August 15, 2020 6378 Views 0 comment Print

The issue under consideration is whether the expenditure incurred in renovation and redecoration of rooms in a hotel is a revenue expenditure or capital expenditure?

Income from Letting out Property in Industrial park/SEZ including amenities Taxable as Business Income

August 14, 2020 1416 Views 0 comment Print

Whether the income derived from letting out of the property in an industrial park/SEZ including the amenities would be business income in the hands of the owner of the property?

Tribunal should Issue Specific Directions while Remanding Back the Case to AO

August 14, 2020 948 Views 0 comment Print

whether the tribunal was right in coming to the conclusion that the Assessing Officer has not recorded his mandatory satisfaction as required under Section 14A(2) of the Act?

Form 62 filing Not Mandatory to allow carry forward of Losses u/s 72A

August 14, 2020 6579 Views 0 comment Print

whether the non-filing of prescribed Form No.62 for the third Assessment Year is restrict the Assessee to carry forward losses under Section 72A of the Income TaxAct, 1961?

Onus on revenue to prove that CA Certificate is False Statement

August 13, 2020 3684 Views 0 comment Print

whether Sales Return transactions which are erroneously shown it in sales tax return as sales can be rectified eventually after submission of CA certificate alongwith the concern Invoice memos?

Amendment to Section 40(a)(ia) by Finance Act 2010 was retrospective

August 12, 2020 1197 Views 0 comment Print

CIT Vs Archean Granites Private Ltd. (Madras High Court) The purpose of the amendment made by the Finance Act, 2010 is to solve the anomalies that the insertion of section 40(a)(ia) was causing to the bona fide tax payer. The amendment, even if not given operation retrospectively, may not materially be of consequence to the […]

Reopening of Assessment for Mere Change of Opinion is unjustified

August 12, 2020 2316 Views 0 comment Print

Whether the Tribunal was justified in holding that the reopening of assessment was a result of mere change of opinion, even when there is no opinion formed or expressed by the Assessing Officer on this issue in the original assessment?

Disallowance of 10% expense justified in case of self made vouchers & non production of sub-contractors

August 7, 2020 2229 Views 0 comment Print

Where the books of accounts maintained by contractors were not accepted by the Department, the estimation of profit made on the basis of history of Gross Profit rate and Net Profit rate of assessee in the previous years or comparable cases of contractors could be made. Once such profit rates were compared, the additions on account of non confirmation or non production of the sub contractors, etc. was totally irrelevant and could not be made.

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