Follow Us:

Judiciary

TPO cannot conclude presence of international transaction u/s 92B merely surmises

October 1, 2018 990 Views 0 comment Print

Moet Hennessy India Pvt Ltd Vs ACIT (ITAT Delhi)  In the present case, no new facts have emerged and all the facts brought to record, during the course of the assessment proceedings, do not indicate legally sustainable basis for coming to the conclusion that there was an internal transaction in respect of AMP expenses incurred […]

S. 68: Private limited co cannot say that it has no clue about Shareholders

October 1, 2018 1242 Views 0 comment Print

Pee Aar Securities Ltd Vs DCIT (ITAT Delhi) The assessee before us is a private limited company which is, by law, prohibited from offering its securities for subscription by general public. It cannot, therefore, be really open to the assessee to say that we have no clue about who the subscribers to the share capital […]

BCCI is A Public Authority Under RTI Act : CIC

October 1, 2018 3978 Views 0 comment Print

Smt. Geeta Rani Vs CPIO, M/o Youth Affairs & Sports (Central Information Commission) The BCCI should be listed as a NSF covered under the RTI Act. The RTI Act should be made applicable to BCCI along with its entire constituent member cricketing associations, provided they fulfil the criteria applicable to BCCI, as discussed in the […]

Section 147 / 148 JCIT includes Additional CIT- Sanction by Additional CIT valid

October 1, 2018 1647 Views 0 comment Print

Vikram Singh Vs CIT (Allahabad High Court) The only contention raised by the learned counsel for the appellant-assessee is that the notice was not issued with the prior sanction of the Joint Commissioner, but sanction was accorded by the Additional Commissioner and, therefore, notice under Section 148 of the Act issued by the A.O. was […]

Where issue is a debatable legal issue, penalty U/s. 271(1)(c ) not leviable: PVR case

October 1, 2018 3429 Views 0 comment Print

DCIT Vs PVR Ltd. (ITAT Delhi) Advocate Akhilesh Kumar Sah Many cases are emerging out in which it is being held that where a claim by assessee is in respect of a debatable issue, penalty under section 271(1)(c ) of the Income tax Act, 1961(for short ‘the Act’) cannot be imposed. Recently, in DCIT vs. PVR […]

TDS U/s. 195 on Grant of license for copyrighted software for internal business purposes

October 1, 2018 19215 Views 0 comment Print

Reliance General Insurance Co. Ltd. Vs ITO (ITAT Mumbai) We shall first advert to the remittance of USD 100,000 made by the assessee towards licence fees to M/s Fair Isaac International Corpn. We have perused the copy of the agreement entered into by the assessee with M/s Fair Isaac International Corpn i.e “Fair Isaac Order […]

Prosecution for non-deposit of TDS- Delay in refund of excess TDS paid not acceptable

October 1, 2018 2028 Views 0 comment Print

ITO Vs VCI Hospitality Ltd (Central: Tis Hazari Courts, Delhi) As per complaint, accused has defaulted in timely deposit of TDS amount. However, the due amount for the year 2008-09 has been reduced to Rs. 40/- only but after filing of various correction statements which are admittedly filed after filing of present prosecution. The Ld. […]

MD & Director are equally responsible to file IT returns of Company

October 1, 2018 4968 Views 0 comment Print

Rakshit jain Vs ACIT (Delhi High Court) It is the argument of the petitioners that the obligation to verify and submit the ITR on behalf of the company has been placed by the legislature at the door of the managing director of the company and, consequently, it is inappropriate and unfair to rope in the […]

Consider Further Extension of Tax Audit Due Date & Section 234A Interest Waiver: Rajasthan HC

October 1, 2018 30936 Views 13 comments Print

Rajasthan High Court directed CBDT to consider the representation of the petitioner-Association and take a decision on both the aspects i.e. extension of date by another 15 days and extension of due for the purpose of Explanation 1 to Section 234A of the Act for waiver of interest and decide the same by passing speaking order preferably before 10.10.2018.

ITAT on release of person arrested for non-payment of tax dues on subsequent Stay

September 30, 2018 1368 Views 0 comment Print

Devinder Singh Gill Vs DCIT (ITAT Chandigarh) Since the recovery in this case has been stayed subject to the deposit of Rs. 20 lacs, in total, and if the assessee deposit Rs. 20 Lacs as ordered above, in that event, there will be no reason left with the TRO to keep the assessee in jail. […]

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031