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Madras High Court

Loss on Foreign Cars Sale used in Business is ‘Business Loss

May 11, 2017 1161 Views 0 comment Print

Loss suffered by the assessee on the sale of foreign is quantified at a figure of Rs. 51,6,108/-. The only question that remains is to determine the nature of loss. In view of the categoric finding of the Commissioner of Income Tax (Appeals) that has attained finality, to the effect that the foreign cars were utilised in the business of the assessee, the loss arising out of their sale would be liable to be categorised as a business loss.

Tax liability under Expenditure Tax on raising of a composite bill upon conclusion of hotel stay

May 11, 2017 1671 Views 0 comment Print

High Court held that under Expenditure Tax Act 1987 chargeable expenditure would be incurred only upon raising of a composite bill upon conclusion of hotel stay and not earlier.

Even A Beggar can stand as Surety; HC explain Law on Surety

May 9, 2017 83256 Views 1 comment Print

It cannot be denied that a bogus person should not be accepted as a surety. A person who is offering surety must have acceptable residential proof. He may be a tenant, licensee. A beggar can also stand as surety provided he should have some acceptable residential proof.

Plea in Madras HC on Penalty on CAs for Filing Wrong Information- Section 271J

May 9, 2017 5802 Views 2 comments Print

A petition has been filed in the Madras High Court challenging the section 271J of the Income Tax Act inserted vide Finance Act 2017. Madras High Court has admitted the plea and issued notice to Finance Ministry.Section 271J of Income Tax imposed a penalty of Rs. 10,000 on Chartered Accountants for each wrong certification or report.

Section 80HHC deduction not available on Sales Tax

May 2, 2017 1872 Views 0 comment Print

In K.H. Shoes Ltd v. ACIT, the division bench of the Madras High Court held that the Refund of Sales Tax received by the assessee is not deductible under section 80HHC of the Income Tax Act when such income has no direct nexus with his Export Business.

Contractual Workers eligible for benefits under Maternity Benefits Act

May 2, 2017 6408 Views 0 comment Print

Maternity leave does not change with the nature of employment. It is concerned with human right of a women and the employer and the Courts are bound under the constitutional scheme guaranteeing right to life, a right to live with dignity and protect the health of both mother and child

Value of broken bottles need not be reduced from WDV to calculate STCG

April 30, 2017 1161 Views 0 comment Print

Value of the broken bottles need not be reduced from the written down value for the purpose of calculation of short term capital gains arising from sale of bottles.

HC finds trial court judgment as one of worst judgment they ever seen

April 29, 2017 2937 Views 0 comment Print

In paragraph 24 of the judgment, the trial Court has extracted the alleged confession statement of all the accused in full ignoring the bar contained in Section 25 of the Evidence Act and has concluded that the accused 3 to 5 held the deceased and accused 2 attacked the deceased with a wooden rod and the first accused accused attacked the deceased with crowbar.

Extend Crop Loan Waiver Scheme to All Farmers: Madras HC

April 19, 2017 1173 Views 0 comment Print

HC held that denial of benefit of waiver of crop loans to the farmers who had cultivated lands exceeding 5 acres is a clear discrimination violating Article 14 of the Constitution of India.

Deemed Dividend cannot be assessed in the hands of Company issuing shares

April 19, 2017 1956 Views 0 comment Print

Though, advance received by assessee company may have been for the benefit of the aforementioned registered shareholders, it could only be assessed in the hands of those registered shareholders and not in the hands of the assseeee-company.

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