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Supreme Court of India

Rent Income as main Business: Chargeable as Business Income?

August 22, 2016 10400 Views 0 comment Print

The business of the company was to lease its property and to earn rent and therefore, the income so earned should be treated as its business income. The High court was not correct while deciding that the income of the appellant should be treated as Income from House Property.

SC explains Tonnage Tax Scheme in context of slot charters

July 7, 2016 2974 Views 0 comment Print

To recapitulate briefly, the assessee is a company as defined under Section 2(17) of the Act and is also in the business of operating qualifying ship(s). It is also not in dispute that it owns a qualifying ship and fulfillment of this condition permits the assessee to exercise its option for computation of income from the business of operating qualifying ships under Chapter XIIG of the Act.

Interest paid for broken period not part of purchase price: SC

July 7, 2016 5941 Views 0 comment Print

Whether on the facts and in the circumstances of the case, the High Court was right in law in holding, that, the interest paid for broken period should not be considered as part of the purchase price, but should be allowed as revenue expenditure in the Year of purchase of securities.

Reverse CENVAT availed on Raw Material on trf to sister unit: SC

May 23, 2016 4522 Views 0 comment Print

It was held that in case of erstwhile in terms of Rule 57AB(1C) of the Central Excise Rules, 1944 and Rule 3(4) of the Cenvat Credit Rules, 2001, it was held that in terms of circular dated 1.7.2002 by which, where no sale is involved but only a transfer by one sister unit to another, the value shown in the invoice on the basis of which Cenvat credit was taken by the assessee would be the value for the purpose of Rule 57AB and Rule 3(4).

Exercise of S. 263 on expenses claim withdrawn by Assessee valid: SC

May 12, 2016 3133 Views 0 comment Print

Hon’ble SC held that Making a claim which would prima facie disclose that the expenses in respect of which deduction has been claimed has been incurred and thereafter abandoning/withdrawing the same gives rise to the necessity of further enquiry in the interest of the Revenue.

Interim Stay order period is to be excluded for computing Limitation Period: SC

May 8, 2016 7834 Views 1 comment Print

It is not in dispute that the period during which interim stay of the order passed by the court is in operation has to be excluded while computing the period of two years as limitation period prescribed for completing the block assessment.

No local VAT on goods purchased inter-state or in the course of import in works contracts-SC

May 3, 2016 10849 Views 0 comment Print

The Hon’ble Supreme Court delivering very important judgment with regard to taxability of inter-state works contract. In the case of Commissioner, Delhi VAT vs ABB Ltd., it has been held that in case the goods are purchased from other States or are imported from outside the country

TDS not deductible on Tips collected by Hotels & Paid to Staff: SC

April 28, 2016 6187 Views 0 comment Print

The assessees are engaged in the business of owning, operating, and managing hotels. Surveys conducted at the business premises of the assessees allegedly revealed that the assessees had been paying tips to its employees but not deducting taxes thereon.

S.80IB-Subsidies for reimbursement of production cost are business income

April 12, 2016 5356 Views 0 comment Print

The Supreme Court held In the case of CIT vs. M/s Meghalaya Steels Ltd. that the Calcutta High Court in Merino Ply & Chemicals Ltd. v. CIT, 209 ITR 508 [1994], held that transport subsidies were inseparably connected with the business carried on by the assessee.

Casual workers covered in employee under ESI Act 1948- SC

April 10, 2016 19489 Views 1 comment Print

A person who is employed for wages in the factory or establishment, on any work of, or incidental or preliminary to or connected with the work is covered. The definition brings various types of employees within its purview.

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