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Judiciary

VAT Tribunal: CA or Commissioner cannot be appointed unless they have expertise

January 28, 2018 2574 Views 0 comment Print

Sales Tax Tribunal Bar Association vs. State of Maharashtra (Bombay High Court) The Apex Court observed that the participation by persons from other specified fields would be a positive consideration for achievement of the object of the said Act of 2005. However, the Apex Court observed that the requirement of a judicial mind for manning […]

Section 80IA(5) Only losses of years beginning from initial A.Y. alone are to be brought forward

January 28, 2018 8760 Views 0 comment Print

Only losses of the years beginning from the initial assessment year are to be brought forward for set-off against profits of the eligible unit. Losses of earlier years which are already set off against income cannot be brought forward notionally for set-off. The fiction in s. 80-IA(5) is created only for a limited purpose and cannot be extended

Section 4(b) of Sick Industrial Companies (Special Provisions) Repeal Act, 2003 is constitutionally valid: HC

January 28, 2018 2835 Views 0 comment Print

M/S Atv Projects (India) Ltd Vs. Union Of India & Ors. (Delhi High Court) Under the newly enacted Section 4(b) there are only two classes of persons, namely (i) those persons in whose cases schemes were sanctioned and (ii) those persons in whose cases the schemes were pending. In the former, there are two sub-classes […]

ITAT confirms Addition to Income of Priyanka Chopra

January 28, 2018 4833 Views 0 comment Print

IT search and seizure case of Priyanka Chopra: with reference to the materials found specific amount to various heads given wherein the undisclosed income had been utilized, later on retraction by her mother: additions to income held to be justified

Input tax credit cannot be denied to recipient on default of payment by supplier

January 26, 2018 94740 Views 4 comments Print

High Court of Delhi held Section 9(2)(g) of Delhi VAT Act to the extent it disallows Input tax credit to purchaser due to default of selling dealer in depositing tax, as violative of Articles 14 and 19(1)(g) of Constitution of India.

Registration U/s. 12AA cannot be cancelled merely because collection exceeds threshold limit provided u/s 2(15)

January 25, 2018 1305 Views 0 comment Print

CBDT has also clarified that in view of this position, it shall not be mandatory, for the registration granted u/s 12AA of the Act to a charitable institution, to be cancelled merely on the ground that the cut off specified in the proviso to section 2(15) of the Act is exceeded in a particular year without there being any change in the nature of the activities of the institution

Conversion of Un-garbled Pepper to garbled Pepper is not manufacture

January 25, 2018 3138 Views 0 comment Print

Nishant Export Vs. ACIT (Kerala High Court) The assessee was engaged in the procurement and export of pepper. The assessee procured un-garbled pepper, which by a process got garbled; making it fit for human consumption and was exported. The assessee had been claiming allowance under Section 80HHC for its export turnover as computed under sub-section […]

Assessee is entitled to deduction for payment of gratuity to LIC

January 25, 2018 15720 Views 0 comment Print

In the instant case the assessee has made the payments to the LIC towards group gratuity scheme directly in approved schemes. The assessee has also obtained the policy in favor of the bank. The assessee has no control over the funds contributed to LIC towards the gratuity.

Deduction U/s. 54F cannot be denied for construction of house on land owned by mother

January 25, 2018 12777 Views 0 comment Print

Merely because the new house is constructed on a plot of land owned by the mother of the assessee will not disentitle the assesee for claim of deduction u/s 54F of the Income Tax Act.

S. 2(47) | Holding period | Time of agreement to sale vs. execution of sale deed

January 25, 2018 4791 Views 0 comment Print

Holding period for purpose of transfer u/s 2(47) was to be considered from the time of agreement to sale instead of execution of sale deed

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