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Services Tax Provisions under Budget 2016 in Q & A Format

Income Tax : Question - What is Krishi Kalyan Cess? Answer - An enabling provision is being made to levy Krishi Kalyan Cess on all taxable serv...

February 29, 2016 7777 Views 1 comment Print

Input Tax Credit in Model GST Law, 2016

Goods and Services Tax : ♠ Input Tax Credit means credit of input tax. ♠ Every taxable person is entitled to take credit of input tax. ♠ Input tax me...

December 15, 2015 5127 Views 0 comment Print

The Integrated Goods and Services Tax Act, 2016 (IGST)

Goods and Services Tax : This act may be called the Integrated Goods and Services Tax Act, 2016. It extends to whole India. IGST applicable on all supplies...

December 10, 2015 8648 Views 0 comment Print

Old provisions as per Negotiable Instrument Act, 1881 with amended provisions by Negotiable Instrument Amendment Act, 2015

Corporate Law : a cheque in the electronic form means a cheque drawn in electronic form by using any computer resource and signed in a secure sys...

December 10, 2015 3080 Views 0 comment Print

Quick Review of Model Goods and Services Tax Act, 2016

Goods and Services Tax : This act may be called the Central GST Act, 2016 (CGST) / State GST Act, 2016 (SGST). It extends to the whole India. In case of SG...

December 5, 2015 2798 Views 0 comment Print


Latest Judiciary


No capital gain on unaccrued contingent deferred consideration

Income Tax : Bombay High Court held that as per agreement, the deferred consideration is payable over a period of four years and the formula pr...

April 22, 2016 4015 Views 0 comment Print

S. 263 Revision for starting fishing & roving enquiries not valid

Income Tax : ITAT Mumbai held In the case of M/s. Rachana Finance & Investments Pvt. Ltd. & M/s. Repute Properties Pvt. Ltd. vs. CIT that in th...

April 22, 2016 1843 Views 0 comment Print

Sec.153A Addition without incriminating material w.r.t. completed assessments not valid

Income Tax : It is held that Completed assessments can be interfered with by the AO while making the assessment under Section 153 A only on the...

April 22, 2016 1876 Views 0 comment Print

S.244A Interest payable on refund of excess self assessment tax

Income Tax : Calcutta High Court held In the case of ADIT vs. Sh. Dhan Singh Sharma that clause 244A (1) (b) is residual in nature which prescr...

April 20, 2016 12202 Views 0 comment Print

Sec.69/69A- Addition cannot be challenged on mere denial of transaction

Income Tax : ITAT Mumbai held in the case of Hassan Ali Khan vs. DCIT that the assessee claiming that he has no bank account or based on transf...

April 18, 2016 2572 Views 0 comment Print


Delay in appeal filing not maintainable without sufficient reasons of delay: HC

May 8, 2015 1618 Views 0 comment Print

Calcutta High Court held In the case of CIT vs. M/s Golden Corporation Services that it appears from the grounds of the appeal that appellant did not pursue the matter seriously. There is no allegation or any proof of the fact that the appellant was prevented by any cause far less sufficient

CIT can reject registration of society u/s 12AA if charitable objects are missing: HC

May 5, 2015 801 Views 0 comment Print

Punjab & Haryana High Court held In the case of CIT vs. Sri Guru Gorakh Nath Charitable Educational Society that power of the Commissioner to look into the objects of the Society and the genuineness of the same cannot be doubted when the basis is of non-supply of information.

Burden of proof on assessee to prove creditworthiness & genuineness of creditors: HC

April 28, 2015 3435 Views 0 comment Print

Calcutta High Court held In the case of CIT vs. Mihir Kanti Hazra that it is well settled that creditworthiness of the alleged creditors and the source of the source are relevant enquiries. In the case of CIT Vs Precision Finance Pvt. Ltd. reported in (1994) 208 ITR 465

Amount paid to authorized dealer for protection from foreign exchange rate fluctuation is revenue expenditure

April 24, 2015 744 Views 0 comment Print

Calcutta High Court held In the case of CIT vs. M/s Britannia Industries Ltd. that bank charges claimed by the assessee are not relatable to the fixed assets. Bank charges are payable in consideration of the risk undertaken by the bank.

AO not empowered to refer matter to DVO without rejecting books of accounts: HC

April 23, 2015 1081 Views 0 comment Print

Punjab & Haryana High Court held In the case of CIT vs. M/s Freedom Board & Paper Mills that it is not open to the AO to refer the case to DVO without rejecting books of accounts on the basis of rejection of the books of account on some legal or justified basis.

Gratuity provision for employees who already retired is an ascertained liability – HC

April 22, 2015 1049 Views 0 comment Print

Calcutta High Court held In the case of CIT vs. M/s Kamarhatty Company Ltd. that the views expressed by the tribunal are as per law. Assessee has made the gratuity provision in respect of employees who have already retired.

Deletion of addition based on previous year judgment without recording findings of the issue not allowed

April 8, 2015 739 Views 0 comment Print

CIT vs. Williamson Magor & Co. Ltd. (Calcutta High Court) The question no.(h) which related to deletion of disallowance of interest on account of borrowed capital is delivered by ITAT based on own previous year judgment but no finding was arrived indicating that the borrowed capital was not utilized for the purpose of earning exempt income. So matter remanded back to the AO.

Matter not raised before tribunal cannot be raised before High Court

April 6, 2015 567 Views 0 comment Print

Punjab & Haryana High Court held In the case of M/s Maken Cement Industries vs. CIT that it is settled principle that the substantial question of law would only be based on the documents which were before the authorities below and also which were subject matter of consideration before the Tribunal.

Non submission of available proof by the party will be treated as proof against him: HC

April 1, 2015 300 Views 0 comment Print

Calcutta High Court held In the case of Late Sushil Modi vs.CIT that the contention of the assessee that he need not prove his case and the assessing officer is bound to find corroboration by making independent enquiry is neither based on law nor is supported by reason.

Manufacturing of Route Marker entitled for deduction u/s 80IC as it’s covered in definition of manufacture – HC

March 17, 2015 649 Views 0 comment Print

High Court held In the case of CIT vs. Ms Megha Dadoo that the product (Route Marker) produced by the assessee was commercially different from its raw material and also a commercially different product known in the market.