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Judiciary

Unless otherwise expressly provided, same income cannot be taxed twice

May 9, 2018 28668 Views 0 comment Print

Mahaveer Kumar Jain Vs CIT (Supreme Court) It is a fundamental rule of law of taxation that, unless otherwise expressly provided, income cannot be taxed twice. Furthermore, a taxing Statute should not be interpreted in such a manner that its effect will be to cast a burden twice over for the payment of tax on […]

HC issues Notices on Petition Challenging Constitution Of GST Tribunals

May 9, 2018 4650 Views 0 comment Print

Gujarat High Court has issued notice to the Union of India, Gujarat State government and the Goods and Service Tax Council on a petition moved by CA Prateek Gattani and Abhishek Chopra challenging the constitution of the Central as well as State Appellate Tribunals.

Depreciation was to be reduced to arrive at profits eligible for deduction U/s. 80-IA

May 9, 2018 3921 Views 0 comment Print

Plastiblends India Ltd. Vs Addl. CIT (Supreme Court of India) Section 80-IA is a code by itself, it contains the provision for special deduction which is linked to profits. In contrast, Chapter IV of the Act, which allows depreciation under Section 32 of the Act is linked to investment. This Court has also made it […]

Services of managing agent rendered to a foreign company are not technical services U/s. 80-O

May 9, 2018 669 Views 0 comment Print

The Appellant failed to prove that he rendered technical services to the Sumitomo Corporation and also the relevant documents to prove the basis for alleged payment by the Corporation to him. The letters exchanged between the parties cannot be claimed for getting deduction under Section 80-O of the IT Act.

Disallowance u/s 14A unsustainable in absence of exempt income

May 9, 2018 2562 Views 0 comment Print

When assessee had not earned any exempt income during the relevant assessment year, disallowance under section 14A could not be made.

SC on validity of Second (Fresh) Notice U/s. 158BD

May 9, 2018 1281 Views 0 comment Print

Tapan Kumar Dutta Vs. CIT (Supreme High Court) On a conjoint reading of Sections 158BC and 158BD, it is clear that no satisfaction to the effect that undisclosed income belongs to the searched person is necessary before issuing the notice under Section 158BC against the searched person as Section 158BC speaks of a condition that […]

Components of boilers cleared as parts but essential to put into operation the boilers, would be classifiable under sub-heading 8402.10

May 9, 2018 978 Views 0 comment Print

The issue arising in this appeal is whether the essential components/parts of a boiler cleared by the assessee would attract duty under sub-heading 8402.10 of the first schedule of Central Excise Tariff Act, 1985 or sub-heading 8402.90 of the said schedule.

12% GST Payable on Rapeseed / Soya oil based dielectric transformer fluid: AAR

May 9, 2018 3018 Views 0 comment Print

What is the correct Harmonized System of Nomenclature (HSN) code and the applicable GST rate for our products MIDEL eN 1204 (rapeseed oil based dielectric transformer fluid) and MIDEL eN 1215 (soya oil based dielectric transformer fluid) in terms of Notification No. 1/2017-Central Tax (Rate) dated 28 June 2017?

Reassessment merely based on allegation that appellant has PE in India cannot be sustained

May 9, 2018 1470 Views 0 comment Print

Honda Motor Co. Ltd Vs ADIT (Supreme Court of India) In the judgment of this Court dated 24th October, 2017 in Assistant Director of Income Tax-I, New Delhi v. M/s. E-Funds IT Solution Inc., Civil Appeal NO.6082 of 2015 and connected matters, it has been held that once arm’s length principle has been satisfied, there can […]

Sec 12A Registration eligible for imparting training to officials involved in criminal justice system

May 9, 2018 1035 Views 0 comment Print

CIT (E) Vs M/s The Institute of Correctional Administration (Punjab and Haryana HC) The grievance of the appellant is regarding grant of registration to the respondent under Section 12-A of the Income Tax Act, 1961. The respondent is a society constituted by the Government for imparting training to various officers/officials involved in the criminal justice […]

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