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Judiciary

No income-tax on any award made under RFCTLAAR Act, 2013

May 31, 2019 27951 Views 1 comment Print

Whenever any compensation is awarded for the acquisition of a land under the 2013 Land Acquisition Act, except those covered by section 46 of the 2013 Act, same was exempt under section 96 of the RFCTLAAR Act, 2013.

Depreciation allowable on Customer Relationship Rights as Goodwill

May 31, 2019 5610 Views 0 comment Print

M/s. Incap Manufacturing Service Pvt. Ltd. Vs DCIT (ITAT Bangalore) The sole disputed issue raised by the assessee in respect of granting of depreciation on Customer Relationship Rights which is in the nature of non-compete fee. We found that the co-ordinate bench of the Tribunal based on the findings of the AO. has observed that […]

No Tax on Consideration received for compulsory acquisition of land & Building

May 31, 2019 5871 Views 0 comment Print

Madaparambil Varkey Varghese Vs ACIT (Kerala High Court) The compensation awarded for the acquisition of land, buildings etc of the petitioner by Kochi Metro Rail Project is Rs.7,54,24,705/-. During the Assessment Year 2016-17 the petitioner has received 80% of the compensation determined through Award dated 30.10.2015. While computing the net taxable income of the petitioner-assessee, […]

Tribunal to decide appeal on merits irrespective of appearance of Assessee: HC

May 31, 2019 2991 Views 0 comment Print

Smt. Ritha Sabapathy Vs DCIT (Madras High Court) We reiterate that the fact finding Tribunals should not shirk their responsibility to decide the cases on merits because the view and reasons given by such Tribunals are important for the Constitutional Higher Courts to look into while deciding the substantial questions of law under Section 260-A […]

GST: P&H Release of goods on furnishing security of immovable property

May 31, 2019 1605 Views 0 comment Print

Hon’ble Punjab and Haryana High Court has directed respondents to release the goods by furnishing security of immovable property where the petitioner has filed the appeal

Section 54F deduction on cost of additional floors on new house

May 31, 2019 9993 Views 0 comment Print

Shri Ramakrishna Aswatgh Vs ITO (ITAT Bangalore) In the present case, new house was purchased and the construction of additional floors was on such new house purchased by the assessee and this new house building purchased by the assessee has been accepted as eligible for deduction u/s. 54F. FULL TEXT OF THE ITAT JUDGEMENT This appeal […]

Losses claimed cannot be disallowed merely for non-proper appearance in acknowledgment of return

May 31, 2019 2559 Views 1 comment Print

M/s Shree Krishna Vatika Construction Pvt. Ltd. Vs DCIT (ITAT Jaipur) From the record we also found that the assessee had attended the proceedings under the bonafide belief that the losses as claimed (which was same in both returns filed u/s 139(1) and 153A) were duly being assessed by the AO, and this intention of […]

Section 194I: Rent for use of Land includes lease, sub-lease, tenancy payment

May 30, 2019 3114 Views 0 comment Print

CIT (TDS) Vs Jaypee Sports International Ltd. (Allahabad High Court) Word ‘rent’ means any payment by whatever name called under any lease, sub-lease, tenancy or any other agreement or arrangement for the use of any land and came to the conclusion that lease money or annual rent is rent within the meaning of section 194-I […]

Mere Book Entries not establish Genuineness of Expenditure

May 30, 2019 2631 Views 0 comment Print

Shri. P.K. Mohammed Vs. ACIT (ITAT Chennai) As regards to the allowances of discount, commission and development expenditure, no evidence were filed before us establishing the genuineness of the expenditure. Mere entries in the books of accounts does not establish the genuineness of the expenditure. The contention that profit arising on account of sale of […]

SC to clarify position of law on power to arrest under GST

May 30, 2019 26289 Views 1 comment Print

As the accused-respondents have been granted the privilege of pre-arrest bail by the High Court by the impugned orders, at this stage, we are not inclined to interfere with the same. However, we make it clear that the High Courts while entertaining such request in future, will keep in mind that this Court by order dated 27.5.2019 passed in SLP(Crl.) No. 4430/2019 had dismissed the special leave petition filed against the judgment and order of the Telangana High Court in a similar matter, wherein the High Court of Telangana had taken a view contrary to what has been held by the High Court in the present case.

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