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Supreme Court of India

Stay on Special Audit Implies Stay of Assessment Proceedings : SC

November 30, 2016 2077 Views 0 comment Print

Section 158BC(c): Where any search has been conducted under section 132 or books of account, other documents or assets are requisitioned under section 132A, in the case of any person

S. 55(2): SC on Relevance of value declared in wealth-tax return & comparable sales

November 30, 2016 1411 Views 1 comment Print

A declaration in the return filed by Assessee under Wealth Tax Act would certainly be a relevant fact for determination of cost of acquisition which under Section 55(2) of Act to be determined by a determination of fair market value.

Rental Income from business of leasing out house properties taxable as business income

November 20, 2016 9751 Views 0 comment Print

SC held that Rental Income from business of leasing out house properties taxable as business income and not income from House property

Entry Tax –Supreme Court Constitutional Bench Judgement Analysis

November 17, 2016 31225 Views 5 comments Print

Long pending dispute regarding constitutional validity of entry tax levied by various States has been settled by Hon ‘bless Supreme Court by its judgement delivered on 11.11.2016

Entry tax levy upheld by the Supreme Court

November 14, 2016 17428 Views 3 comments Print

Supreme Court upheld constitutional validity of Entry tax imposed by States. A nine-judge Constitution Bench, overrules ‘compensatory tax’ theory propounded by 7 judges bench

Section 54E not makes distinction between Depreciable & Non-Depreciable Asset

October 11, 2016 10159 Views 1 comment Print

Section 54E of Income Tax Act,1961 does Not Make Any Distinction Between Depreciable Asset And Non-Depreciable Asset And, Therefore, The Exemption Available to the Depreciable Asset Under Section 54E Cannot Be Denied By Referring to the Fiction Created Under Section 50

Co-op Hsg. Society bound to transfer membership in the name of nominee

October 6, 2016 24592 Views 2 comments Print

Nominee of Deceased Member is absolutely entitled for the Ownership by transfer, Co-op. Soc can’t challenge the right of Nominee a settled Law of the land. No legal heirship, court order or succession certificate is required.

SC Stays Delhi HC judgment on Service Tax Audit by Department or CAG

September 28, 2016 10048 Views 0 comment Print

In the case of Mega Cabs Pvt. Ltd. Vs. Union Of India & Ors. dated 03.06.2016 , Honorable Delhi High Court has Declared Rule 5A(2) of the Service Tax Rules, as amended, to the extent that it authorises the officers of the Service Tax Department, the audit party deputed by a Commissioner or the CAG […]

Tax Laws passed by Legislature not open to judicial review – SC

August 31, 2016 3193 Views 0 comment Print

The High Court has dismissed the Writ Petition by the impugned judgment and order dated 2.9.2011. Being dissatisfied with the dismissal of his writ petition the appellant preferred a Review Petition which was also dismissed by the High Court by the impugned judgment and order dated 24.11.2011.

University not wholly or substantially financed by govt not eligible for exemption u/s 10(23)(iiiab)

August 31, 2016 2956 Views 0 comment Print

Honorable ble Supreme court held that Visveswaraiah Technological University being not wholly or substantially financed by government is not entitled to claim exemption u/s 10(23)(iiiab). Further, the fees collected by the University as per prescribed govt. norms cannot be said to finance provided by govt. Therefore, assistance by govt. by way of loans, grants and subsidies only to be considered as financing from it.

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