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Supreme Court of India

Interest on NPAs of NBFCs not Taxable on Accrual Basis: SC

March 5, 2018 2496 Views 0 comment Print

Hon’ble Supreme Court dismisses a departmental appeal in CIT v. Vasisth Chay Vyapar Ltd and held that the interest income earned by Non-Banking Financial Companies (NBFCs) on non-performing assets (NPAs) should not be taxed on the accrual basis.

Amendment to section 11(6) restricting depreciation is prospective

March 5, 2018 14721 Views 0 comment Print

CIT Vs Rajasthan and Gujarati Charitable Foundation (Supreme Court of India) Depreciation allowable in assets cost of which has already been allowed as application of income. Amendment in section 11(6) restricting depreciation in such came is prospective in nature. These are the petitions and appeals filed by the Income Tax Department against the orders passed […]

Form Committee to look into Violation of Law by Multi-National Accounting Firms: SC

February 24, 2018 11145 Views 1 comment Print

Whether the Multi-National Accounting Firms (MAFs) are operating in India in violation of law in force in a clandestine manner, and no effective steps are being taken to enforce the said law. If so, what orders are required to be passed to enforce the said law.

Service tax not payable on material supplied free of cost by service recipient during construction

February 21, 2018 13185 Views 0 comment Print

Whether, the value of goods/material supplied or provided free of cost by a service recipient and used for providing the taxable service of construction or industrial complex, is to be included in computation of gross amount (charged by the service provider), for valuation of the taxable service

Sectio 2(22)(e): Registered owner Vs. beneficial owner: SC refers matter to larger bench

February 21, 2018 6855 Views 0 comment Print

National Travel Service Vs. CIT (Supreme Court of India) The question that arises in these appeals is as to whether Section 2(22)(e) of the Act gets attracted inasmuch as a loan has been made to a shareholder, who after the amendment, is a person who is the beneficial owner of shares holding not less than […]

No Cenvat credit admissible on outward transportation services from factory to buyer’s premises

February 14, 2018 12807 Views 0 comment Print

Whether Goods Transport Agency (GTA) services availed for transportation of goods from place of removal to buyer’s premises will be considered as input service within ambit of Rule 2(l) of Cenvat Credit Rules, 2004?

No tax on JDA which never materialized for want of permissions

February 8, 2018 3453 Views 1 comment Print

Capital gain arising under a Joint Development Agreement which never materialized for want of necessary permissions was nothing but a hypothetical income and the same could not, therefore, be taxed under section 45 read with section 48.

Applicability of provisions of section 2(22)(e) to Beneficial Shareholder or Registered Shareholder- Supreme Court Ruling in National Travel v CIT

February 7, 2018 13143 Views 2 comments Print

Sec. 2(22)(e) of the Income Tax Act, 1961 (the Act), is one such deeming provision that has remain point of litigation over various issues since its inception. One such issue is applicability of provisions of section 2(22)(e) when a shareholder is beneficial shareholder or registered shareholder.

In computing taxable turnover Trade Discount needs to be deducted: SC

February 6, 2018 4332 Views 0 comment Print

We direct that in computing the taxable turnover for the relevant years, the appellant would be entitled to a deduction of the trade discount, following the parameters laid down in paragraph 40 of the judgment in Southern Motors (supra) and as explained above.

S. 11(6) Depreciation on acquisition of a capital asset treated as application of income

February 1, 2018 11529 Views 0 comment Print

These petitions and appeals filed by the department arises due to the order of various High Courts, granting benefit of depreciation on the assets acquired by the assessee registered as charitable institutions under section 12A of the Income Tax Act (Act).

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