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Judiciary

Cleaning of railway coaches cannot be considered as cleaning of commercial premises

January 22, 2018 1995 Views 0 comment Print

The coaches are rolling stock of railways. They are for transport mode and cannot fall under the commercial object of industrial building, factory, plant or machinery, etc. The interpretation of the original authority is far fetched and not sustainable in view of the plain meaning of the statutory definition for tax entry.

100% Deduction U/s. 80IC allowable on Substantial expansion of eligible unit

January 21, 2018 1890 Views 1 comment Print

Friends Alloys Vs ACIT (ITAT Chandigarh) From perusal of the order of the AO, it was found that the AO had not disputed that the assessee had carried out substantial expansion as provided under clause (b) of sub-section (2) read with clause (ix) of sub-section (7) of section 80-IC. Hence, the impugned order of the […]

Initial burden on assessee to show that transactions in loose sheet were not in the nature of undisclosed investments

January 19, 2018 972 Views 0 comment Print

Initial burden was on assessee to show that transactions in loose sheet were not in the nature of undisclosed investments. As assessee failed to discharge the same, AO was justified in making addition under section 69.

CBDT instructions on seizure of jewellery and ornaments are discretionary

January 19, 2018 8028 Views 0 comment Print

Shri Keshav Lila Vs. ACIT (ITAT Indore) CBDT instructions which in our view provides a guideline to the search conducting team that no seizure should be made of the jewellery and ornaments found during the course of search proceedings u/s 132 of the Act, if the same have been duly declared in the wealth tax […]

Deemed dividend assessable in the hands of Partners (Beneficial Shareholders )

January 19, 2018 2022 Views 0 comment Print

Tribunal held that the beneficial shareholders of the lender company are partners of the assessee- firm and therefore the deemed dividend u/s 2(22)(e) has to be assessed only in the hands of the partners and not in the hands of the assessee- firm.

Payment made towards purchase of flat cannot be treated as deemed dividend

January 19, 2018 1260 Views 0 comment Print

DCIT Vs Smt. Sriram Satyavathi (ITAT Visakhapatnam) The fact that the company M/s. Vijetha Constructions has taken the advances for sale of flats was substantiated by the registered sale agreements. The same cheque No. and the dates were mentioned in the promissory note and the sale deeds which fortifies the assessee’s contention that the promissory […]

Goods not liable to tax cannot be detained for infraction of Rule 138(2) of State SGST Rules

January 18, 2018 1683 Views 0 comment Print

The power of detention contemplated under Section 129 of the SGST Act can be exercised only in respect of goods which are liable to be confiscated under Section 130 of the SGST Act; that there is no taxable supply when goods are transported on delivery chalans

No addition in the hand of Firm for capital introduced by the partner

January 18, 2018 7635 Views 0 comment Print

In the case of The Income-tax Officer vs M/s. Shree Kastbhanjan Dev Developers, the Ahmedabad bench of Income Tax Appellate Tribunal (ITAT) proclaimed in its recent order that firm cannot be assessed for unexplained cash credits in respect of capital introduction by its partner.

Mere high appreciation in share value not enough to treat gain from Penny stocks as bogus

January 18, 2018 1824 Views 0 comment Print

Punjab & Haryana High Court upholds ITAT decision deleting share transaction addition in Prem Pal Gandhi case; finds no substantial question of law.

Kerala VAT: Bakery shortening and vanaspati are not similar

January 18, 2018 2769 Views 0 comment Print

M/s. Parisons Foods Pvt. Ltd. Vs. Joint Commissioner Of Commercial Taxes (Kerala High Court) The appeal arises from a Clarification Order issued under Section 94 of the Kerala Value Added Tax Act, 2003 (‘KVAT Act’ for short). The appellant/dealer, inter alia, is engaged in the manufacture of ‘bakery shortening’. The clarification sought for was the […]

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