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Judiciary

Interest on fund temporarily parked in short term deposits is taxable as business income

January 10, 2018 1806 Views 0 comment Print

ACIT Vs M/s. Agri Gold (ITAT Visakhapatnam) During the assessment year, the assessee has received the interest of Rs.  7,43,76,762/- and offered it under the business income. The said practice of offering the interest income under the head business income was followed by the assessee for the last so many years, which was accepted by […]

‘Initial intention’ of assessee to decide whether an activity amounts to ‘trading activity’ or ‘investment activity’

January 10, 2018 2634 Views 2 comments Print

ITO Vs. M/s Nupur Carpets Pvt. Ltd. (ITAT Kolkata) We note that the AO treated net ‘surplus’ as business income instead of capital gains on the ground that the assessee carried out business of share trading as evident from large volume of transactions and systematic, organized, repeated and regular activity in shares with a clear […]

SC Upholds Relief to Bona Fide VAT Credit Buyers

January 10, 2018 11760 Views 0 comment Print

The Supreme Court refused to interfere with the Delhi High Court ruling that bona fide purchasers cannot be denied ITC merely because the selling dealer failed to deposit VAT. The judgment distinguished genuine buyers from fraudulent transactions.

Railway Punitive Charges for wagon overloading is allowable expense

January 10, 2018 9534 Views 0 comment Print

DCIT Vs. M/s Fee grade & Company Ltd. (ITAT Kolkata) Punitive charges for overloading were actually in the nature of additional freight for transporting goods beyond the permissible carrying capacity which cannot be categorized as an expenditure incurred for any purpose which is an office or infringement of law. Following the aforesaid decision the CIT(A) […]

Amendment in sec 43B is curative in nature and applies retrospectively

January 10, 2018 3918 Views 0 comment Print

Hon’ble Allahabad High court has in the case of M/S Simbhauli Sugar Mills Ltd in ITA No 607 of 2011 has held that amendment is sec 43B is curative in nature and would apply retrospectively.

Section 269SS not applies to Cash Transaction between Close Family Members for giving support & help

January 10, 2018 19866 Views 1 comment Print

To support the family members, the money has been given by the assessee to his son/wife. This is simply a transfer of money from one family member to another family member to support day to day expenses, educational expenses and other family expenses

Govt depts should avoid unnecessary litigation in Constitutional Courts just for the sake of proving their fictional desires: HC

January 9, 2018 1674 Views 1 comment Print

Revenue authorities and other Government Departments should not avail constitutional remedies for not good reasons, waste the public money and time of constitutional court for frivolous writ petitions

Deduction U/s. 54F on Unutilized amount not deposited in CGAS before due date

January 9, 2018 4191 Views 0 comment Print

Where investment in a new residential house was made within three years from date of transfer of assets, exemption Under section 54F could not be denied on the ground that unutilized amount was not deposited in Capital Gains Account Scheme before due date prescribed under section 139(1).

Validity of differential Stamp duty on Instruments executed outside Maharashtra under Bombay Stamp Act, 1958

January 9, 2018 23223 Views 0 comment Print

The Indian Hume Pipe Co. Ltd. Vs. State of Maharashtra (Bombay High Court)  The bench noted that, in the present case, the deed is used in the State of Maharashtra for registering a charge by lodging a verified copy of the deed in the office of the Registrar of Companies in accordance with sections 125 […]

Notice against other noticees gets invalidated if SCN against main Noticee is Set Aside

January 9, 2018 3021 Views 0 comment Print

The Show Cause Notice has to be viewed in its entirety and cannot be vivisected as may be convenient for the Revenue. Thus, if a show cause notice is found as not valid or issued without jurisdiction in respect of the main protagonist, the very same SCN cannot be held as sustainable for other noticees like the appellants herein.

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