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Madras High Court

Appearance of Women before ED not contrary to Section 160 of Code of Criminal Procedure

July 10, 2018 3528 Views 0 comment Print

Nalini Chidambaram Vs Directorate of Enforcement (Madras High Court) It is an admitted fact that initially the appellant was permitted to appear through the authorised agent. The impugned notice was issued on finding certain new facts and contradiction in the statements given, which could not be satisfactorily explained by the authorised agent. The appellant has been rendering a professional service by travelling extensively throughout the country. While doing so, the question of determination of sex did not stand in any way. However, for appearing before an authority, which is mandated by law, she seeks protective discrimination as a […]

2 year limitation period u/s 263(2) runs from date of original assessment and not from the date of reassessment

July 6, 2018 2223 Views 0 comment Print

This intra-court appeal is directed against an order dated 28.08.2017, wherein and whereby a learned single Judge of this Court had dismissed a writ petition in which a notice  dated 16.08.2017, issued by the Commissioner of Income Tax, under Section 263 of Income Tax Act, 1961, was assailed. To be noted, order of the learned single Judge is a common order in two writ petitions, but this judgment deals with the order in W.P.No.22978 of 2017 alone. 

Section 281: TRO cannot declare Transfer of Property void

July 1, 2018 13758 Views 0 comment Print

M/s. Agasthiya Holdings Private Limited Vs CIT (Madras High Court) In Tax Recovery Officer Vs. Gangadhar Viswanath Ranade (Decd.,) reported in AIR 1999 SC 427, the scope of Section 281 of the Income Tax Act and Rule 11 of the Second Schedule came up for  consideration. The question arose for consideration before the Honourable Supreme […]

Printer being part of computer system eligible for 60% depreciation

June 26, 2018 15192 Views 0 comment Print

CIT Vs. Cactus Imaging India (P.) Ltd. (Madras High Court) It can be inferred that the machines ‘computer printers’ under consideration can either be called computers-printers, since a lot of independent functions done by the computers are done by these printers and they can be called an integral part of the computer system. It should […]

Deduction U/s. 80IA not eligible to contractor on Income from maintenance work of Electricity Company

June 7, 2018 1545 Views 0 comment Print

This appeal by the assessee is directed against the order passed by the Income Tax Appellate Tribunal in ITA.No.1496/Mds/2005 dated 19.12.2007 for the assessment year 2002-03. The above tax case appeal has been admitted on the following substantial questions of law

No TDS on Payment of Interest by Co-op Society to its Members prior to Amendment of Sec 194A

June 5, 2018 10374 Views 0 comment Print

The Madras High Court recently ruled that payment of Interest by the co-operative society to its members would not attract tax deduction at source (TDS) prior to the amendment of such provision.

Deduction U/s. 80HHC not available on Interest, rent and miscellaneous income

May 27, 2018 1977 Views 0 comment Print

A bare reading of cl. (baa) (1) indicates that receipts by way of brokerage, commission, interest, rent, charges etc., formed part of gross total income being business profits. But, for the purposes of working out the formula and in order to avoid distortion of arriving export profits cl. (baa) stood inserted to say that although incentive profits and ‘independent incomes’ constituted part of gross total income, they had to be excluded from gross total income because such receipts had no nexus with the export turnover.

Reopening proceedings without communicating reasons for reopening to assessee not valid

May 20, 2018 2205 Views 1 comment Print

Initiation of reopening proceedings without communicating the reasons for reopening to the assessee was not justified.

No Revision U/s. 264 possible if Assessee Failed to point out mistake apparent on the face of record

May 20, 2018 1497 Views 0 comment Print

Where revision application was filed by assessee, however, assessee had not been able to point out any error, which was apparent on the face of the order but the attempt appeared to be re-arguing the entire matter which is impermissible, accordingly, the review application was dismissed.

GST on work contracts for which agreements executed before July 1, 2017

April 28, 2018 68331 Views 14 comments Print

Since CGST Act, 2017 came in force with effect from 1-7-2017, contract work for which agreements were executed prior to 1-7-2017, GST would not be imposed on same and 2 per cent VAT alone was applicable

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