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Madras High Court

Share Capital Cannot Be Treated as Undisclosed Income of Company: Madras HC

September 24, 2018 1167 Views 0 comment Print

Madras HC: Share allotment against pre-existing liability isn’t unexplained cash credit u/s 68, especially when no cash is involved.

Expenses incurred on abandoned project are revenue expenses

September 19, 2018 13842 Views 0 comment Print

Referring to a circular issued by the CBDT in Circular No.16/2015 dated 06.10.2015, held that film production expenses of abandoned films should be treated as revenue expenditure. This decision was followed in the case of Asia Power Projects P Ltd. (supra).

HC set aside RoC’s Order Disqualifying Directors for Non-Filing of Financial Statements

September 18, 2018 4902 Views 0 comment Print

Bhagavan Das Dhananjaya Das Vs Union of India (Madras High Court) (a) When the New Act 2013 came into effect from 1.4.2014, the second respondent herein has wrongly given retrospective effect and erroneously disqualified the petitioner-directors from 1.11.2016 itself before the deadline commenced wrongly fixing the first financial year from 1.4.2013 to 31.3.2014. (b) By virtue of the […]

HC upheld penalty for Cash Loan exceeding Rs. 20000 Taken & repaid

September 17, 2018 2343 Views 0 comment Print

These appeals are against an order dated 31-3-2016 passed by the Income Tax Appellate Tribunal B Bench, Chennai, allowing the appeals, being I.T.A.Nos.262 and 263/Mds/2015, in relation to the assessment years 2008-2009 and 2012-2013 filed by the respondent Revenue and restoring the penalty imposed by the Assessing Officer under Sections 271E and 271D of the Income Tax Act, 1961 (hereinafter referred to as the IT Act).

Non-Competent Fee & Brand Equity eligible for Depreciation

September 14, 2018 885 Views 0 comment Print

CIT Vs M/s. Radaan Media Works (Madras High Court) Department fairly admitted that the brand equity of a sum of Rs.75 lakhs valued at a sum of Rs.75 lakhs would be an intangible right coming within the purview of ‘business or commercial rights’ of a similar nature. He also brought to our notice the decision of this High Court […]

Property Attachment notice by TRO cannot be challenged before HC

September 13, 2018 5277 Views 0 comment Print

Champa Devi Vs Tax Recovery Officer (TRO) (Madras High Court) In the instant case, the respondent has issued the impugned notice and the petitioner has straightaway approached this Court and filed this writ petition. In my considered view, this writ petition is not the proper remedy, which the petitioner should have availed. In this regard, it is relevant […]

Tax cannot be recovered by issuing notice against Dead person

September 7, 2018 2109 Views 0 comment Print

Without adjudicating the said issue, the second respondent cannot proceed to recover the amount, that too, by issuing a notice against a dead person. Hence, the impugned notice is held to be not sustainable in law.

Settlement commission order holding that assessee had misrepresented facts without an enquiry into the matter is invalid

August 28, 2018 2937 Views 0 comment Print

Dr. Prathap Chandra Reddy  Vs Income Tax Settlement Commission (Madras High Court) Settlement Commission did not conduct an enquiry to satisfy itself that the stand taken by the PCIT by way of a supplementary report could be a valid ground to come to a conclusion that the assessee had made a false claim on the refund due. The […]

Limitation Law not applies to Service Tax Refund Applications where Tax was paid by Mistake

August 22, 2018 12162 Views 0 comment Print

M/s. 3E Infotech Vs Customs (Madras High Court) we are of the opinion, that when service tax is paid by mistake a claim for refund cannot be barred by limitation, merely because the period of limitation under Section 11B had expired. Such a position would be contrary to the law laid down by the Hon’ble Apex Court, […]

Form GST TRAN-1 Filing Issue- Appoint Nodal Officer/Officers- HC

July 18, 2018 1503 Views 0 comment Print

Pothys Vs. Principal Chief Commissioner (Madras High Court) i. The respective Commissioner of GST and Central excise are directed to appoint Nodal Officer/Officers for the State of Tamil Nadu, if not already appointed, within a period of 2 weeks from the date of receipt of a copy of this order and ii. The petitioners/assessees are […]

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