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Judiciary

Attachment of bank A/cs U/s. 226(3) not justified as dept already recovered more than 15% of disputed demand

February 27, 2018 13287 Views 0 comment Print

Revenue was not justified in issuing the impugned attachment notices under section 226(3), since they had already recovered more than 15 per cent of the disputed demand in view of the Office Memorandum issued by CBDT.

HC clarifies on Carry forward of unabsrobed depreciation on 1st day of April, 2002

February 27, 2018 2487 Views 0 comment Print

For the reasons mentioned in the application, the delay in re-filing the present appeal is hereby condoned.

Lease equalization charges not to be added back in computing book profits U/s. 115JA

February 27, 2018 4659 Views 0 comment Print

The Delhi High Court in the case of Commissioner of Income Tax, Delhi versus M/S. MGF India Ltd wherein dismissed the revenues appeal and held that lease equalization charges can be deducted while computing book profit.

Section 148 notice without proper sanction U/s. 151(1) is invalid

February 27, 2018 5460 Views 0 comment Print

The present petition under Article 226 of the Constitution of India has been filed assailing the notice dated 28.03.2017 issued under Section 148 of the Income Tax Act, 1961 (in short, the Act) and also the order dated 25.09.2017 whereby the objections preferred by the petitioner questioning the issuance of notice dated 28.03.2017 was rejected.

Amount disallowed u/s 14A cannot be added to arrive at book profit for MAT Calculation

February 27, 2018 6150 Views 0 comment Print

ribunal followed its decision in M/s. Essar Teleholdings Ltd. v/s. DCIT to held that an amount disallowed under Section 14­A of the Act cannot be added to arrive at book profit for purposes of Section 115JB of the Act.

No more adjournments, No more ‘tareek pe tareek’: Bombay HC

February 27, 2018 15753 Views 2 comments Print

No more adjournments. No more tareek pe tareek. Enough is enough. That a Court will endlessly grant adjournments is not something that parties or advocates can take for granted. Nor should they assume that there will be no consequences to continued defaults and unexplained delay

Service tax not payable on retreading of Old Tyres prior to 16.06.2005

February 27, 2018 1278 Views 1 comment Print

For the period prior to 16.06.2005, it was held that the activity of retreading of tyres restore the tyres to its functional form and the same will not come under the category of Maintenance or Repair.

Invocation of Explanation 7 to Section 271(1)(c) in blanket manner is contrary to purpose for which it was engrafted in statute

February 27, 2018 1890 Views 0 comment Print

In the absence of any overt act, which disclosed conscious and material suppression, invocation of Explanation 7 to s. 271(1)(c) in a blanket manner could not only be injurious to the assessee but ultimately would be contrary to the purpose for which it was en grafted in the statute.

Capital Gain on Sale of agricultural land Converted into stock of residential plots

February 27, 2018 36903 Views 1 comment Print

Mahaveer Yadav Vs ITO (ITAT Jaipur) Where assessee converted agricultural land into state stock of residential plots then the assessee was liable to pay tax as per section 45(2). The fair market value of the asset on the date of conversion as reduced by the cost of acquisition is required to be assessed under the […]

No Service Tax on development of plots in slum locality under the category of Construction of Residential Complex Service

February 27, 2018 1662 Views 0 comment Print

M/s Tirathdas Shaukat Rai Construction Pvt. Ltd. Vs. CCE (CESTAT Delhi) 1. The appellant is aggrieved by the order dated 8thAugust, 2012 of Commissioner of Central Excise (Appeals), Indore. The appellants are engaged in construction activities. The dispute in the present appeal relates to two main activities of the appellant, namely construction of residential units […]

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