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Exchange when goods are supplied within India and billing is to be done in foreign currency

January 8, 2020 38520 Views 0 comment Print

In case where goods are supplied within India and billing is to be done in foreign currency, which exchange rate to be applied rate prescribed for export of goods or for import of goods?

No depreciation on inflated portion of cost of capital asset

January 8, 2020 1410 Views 0 comment Print

ACIT Vs Educomp Infrastructure & School Management Ltd. (ITAT Delhi) it is beyond doubt that the relevant capital asset in the form of the building of the assessee corresponding to the expenditure not incurred actually by those two contractors mentioned above, did not come into existence and thus the assessee cannot be entitled for depreciation […]

Non-Availability of PAN of Deductee is not valid excuse for not filing TDS Return

January 8, 2020 4065 Views 0 comment Print

The assessee cannot escape himself for non-filing quarterly TDS merely stating that the PAN of the employees are not available. The penalty is provided in the Income Tax provisions u/s.272A(2)(k) of the Act is mandatory in nature except in case of reasonable cause proved by the assessee, which is lack in this case.

NI Act: Section 148 is Retrospective, but 143A is Prospective: SC

January 8, 2020 19383 Views 0 comment Print

Surinder Singh Deswal Vs Virender Gandhi & Anr.  (Supreme Court) Court  was considering provisions of Section 143A of the N.I. Act which was inserted by the same Amendment Act 20 of 2018 by which Section 148 of the N.I. Act  has been inserted. This Court took the view that Section 143A is prospective in nature […]

Compensation for Relinquishment of Right to Sue for Breach of Contract is non taxable Capital Receipt

January 8, 2020 6330 Views 0 comment Print

The issue under consideration is whether the CIT(A) is correct in confirming the addition while treating the compensation received for relinquishment of right to sue as taxable business income & accordingly considered it as revenue receipt as against the capital receipt?

Bogus purchases- Entire Purchase amount cannot be disallowed

January 8, 2020 2859 Views 0 comment Print

Even if the purchases made from the parties in question are to be treated as bogus, it does not necessarily mean that entire amount should be disallowed and that no benefit should be given to the Respondent-Assessee.

HC directs Nodal Officer to consider form TRAN-I rectification request

January 7, 2020 1044 Views 0 comment Print

Beauty Wares Vs Assistant Commissioner of CT & CE (Madras High Court) The petitioner has filed the writ petition for a mandamus to permit him to avail credit on the closing stock of input footwear available by rectifying Trans-I filed by them earlier. After considering the decision of Punjab and Haryana High Court held in […]

AAR does not have jurisdiction to go beyond issues referred: HC

January 7, 2020 3141 Views 0 comment Print

Abbott Healthcare Private Limited Vs Commissioner of State Tax Kerala (Kerala High Court) Authority for Advance Rulings does not have jurisdiction to go beyond issues referred It is the case of the petitioner that as per the business model operated by it in the State of Kerala, it places its diagnostic instruments at the premises […]

Order passed by AO against directions issued by Tribunal is not sustainable in law

January 7, 2020 6435 Views 0 comment Print

Engineering Professional Co. Pvt. Ltd. Vs DCIT (Gujarat High Court) In the given case, Assessee has filed appeal before ITAT against the order passed by the A.O. u/s 44AD. With respect to that appeal ITAT passed the order and state that “the Assessee is directed to attend the assessment proceedings and justify its claim of […]

Disclosure of additional income before settlement commission is allowed: HC

January 7, 2020 3510 Views 0 comment Print

Additional income disclosed to the tune of Rs. 12 Crore by assessee during the course of proceedings before the Commission was just and proper and Commission was right in considering the revised offer made by assessee during the course of the proceedings in the nature of spirit of settlement.

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