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Rajasthan High Court

Aadhaar Shouldn’t Be a Pre-requisite to Get Food Articles from Ration Shops

May 30, 2017 1119 Views 0 comment Print

The respondents are directed to ensure that all those who hold a Ration Card are issued the Rations as per the entitlement without insisting upon the holder of the Ration Card obtaining an Aadhar Card.

Penalty U/s. 271G cannot be imposed in Absence of specific allegation of non-compliance

May 23, 2017 2580 Views 0 comment Print

CIT Vs M/s. Gillette India Ltd. (Rajasthan High Court) What is clearly discernable from the penalty order is that reference was not made to any particular or specific date by which assessee was required to submit the documents; or whether the same were furnished within 30 days or within the extended period of 30 days […]

Deemed Registration U/s. 12AA if not granted or refused by CIT within 6 Months

May 19, 2017 2412 Views 0 comment Print

1. Whether in the facts and circumstances of the case, the Income Tax Appellate Tribunal has not acted illegally and perversely in making observations with regard to grant of exemption under sec­tion 10(23C)(vi) when the Income Tax Appellate Tribunal has no jurisdiction to decide any application/appeal arising out of order passed either granting or rejecting exemption under section 10(23C)(vi) of the Act by the competent authority ?

Bogus purchases: HC remitted matter back and asked to follow Gujarat HC judgments

May 10, 2017 4461 Views 0 comment Print

Considering the law declared by the Supreme Court in the case of Vijay Proteins Ltd. Vs. Commissioner of Income Tax, Special Leave to Appeal (C) No.8956/2015 decided on 06.04.2015 whereby the Supreme Court has dismissed the SLP and confirmed the order dated 09.12.2014 passed by the Gujarat High Court and other decisions of the High Court of Gujarat in the case of Sanjay Oilcake Industries Vs. Commissioner of Income Tax (2009) 316 ITR 274 (Guj) and N.K. Industries Ltd. Vs. Dy. C.I.T., Tax Appeal No.240/2003 decided on 20.06.2016, the parties are bound by the principle of law pronounced in the aforesaid three judgments.

Interest on FD interest used as LC Margin Money for Industry set-up is taxable as Other Income

May 5, 2017 5535 Views 0 comment Print

In the case in hand, it is not in dispute that the assessee had income of interest through FDRs and while setting off that the Assessing Officer as well as the ITAT did not examine the aspect as to under which provision the assessee claimed deduction or set off his income from other sources against […]

Revision U/s. 263 justified for Erroneous & prejudicial Assessment without proper inquiry

May 5, 2017 1059 Views 0 comment Print

Where AO allowed set off of interest earned on fixed deposits against interest payable on borrowings then such allowance was erroneous and prejudicial to revenue, therefore, CIT rightly invoked revisionary jurisdiction.

Neglect to pay despite winding up notice, in law is to be deemed to be insolvent

April 7, 2017 1833 Views 0 comment Print

This petition filed by the petitioner company M/s. Shree Balkrishna Commercial Company Limited (hereinafter ‘the petitioner company’) under section 434 of the Companies Act, 1956 (hereinafter ‘the Act of 1956’) seeks winding up of the respondent company M/s. Ask Dairies Private Limited (hereinafter ‘the respondent company’) for reason of its inability to repay the due, […]

No Benefit under IDS 2016 if Search initiated after launching of scheme

March 24, 2017 936 Views 0 comment Print

Court be very slow in interpreting the statutes where intention legislature is to curb the evasion of tax. This is a peculiar where the Government has granted the benefit under the only to the persons who are not covered under Section and other proceedings.

Section 158BC Notice giving insufficient time to file return in invalid

March 1, 2017 3870 Views 0 comment Print

The words mentioned in the SECTION 158bc notice are `within fifteen days’ whereas the provision mandates the time of not less than fifteen days. As notice which was issued by the authority asking the assessee to file the return within fifteen days is not in accordance with the provisions of the Income-tax Act and therefore it is invalid.

For limitation U/s. 158BE, period is to be counted from the date on which the direction U/s. 142(2A) is served on the assessee

December 6, 2016 633 Views 0 comment Print

1. Whether the findings of the Tribunal are perverse in holding that for the purpose of limitation under section 158BE, the period is to be counted from the date on which the direction under section 142(2A) is served on the assessee and not from the date of issue of direction by the assessing officer under section 142(2A) ?

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