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Judiciary

HC penalizes VAT officials for Illegal Search and Seizure

January 8, 2018 2490 Views 0 comment Print

Teleworld Mobiles Pvt. Ltd. Vs. Commissioner Of Trade & Taxes (Delhi High Court) Counsel for the respondents have submitted that illegality of seizure or survey or investigation would not affect admissibility and relevancy of the evidence collected. The said evidence as per the respondent is admissible and decisions in M. Malkani versus State of Maharashtra, […]

No disallowance U/s. 40(a)(ia) where net profit was estimated

January 8, 2018 3267 Views 0 comment Print

Once the income of the assessee was estimated after rejection of books of account, then, the AO could not make disallowance on the same books of account for the purpose of disallowance by invoking provisions of section 40(a)(ia) or general disallowance under section 37(1). Hence, the disallowance made by the AO was deleted.

Payment of Upfront Fees by DIAL held to be Revenue Expenditure

January 8, 2018 3501 Views 0 comment Print

Delhi ITAT held that mere entry in the books of accounts and classifying the said payment as capital, i.e., it has been capitalised in the books will not at all be determinative as it has to be seen on the facts whether such a payment or expenditure falls in the capital filed or revenue field.

GST on Specially designed water tank assembly specifically made for Indian railways

January 7, 2018 1014 Views 0 comment Print

In re ASL Industries Limited (GST AAR Jharkhand) Specially designed water tank assembly specifically made for Indian railways is falling under the HSN Code-8607 and the same has been specified in the entry no- 241 in notification no- 1/2017 dated 28.06.2017 of schedule I as notified u/s 5 (1) of the IGST Act (act no-13 […]

Obligation to collect TCS cannot be extended to Octroi: HC

January 6, 2018 6891 Views 0 comment Print

Section 206C(1C) of the Act only obliges a person to collect tax from its agents/licensee who collects a toll on its behalf. The obligation to collect tax under Section 206C(1C) of the Act cannot be extended to collection of octroi.

Service of notice U/s. 148 by affixture at wrong address is bad in law

January 5, 2018 3876 Views 0 comment Print

Kolkata bench of Income Tax Appellate Tribunal (ITAT) recently quashed the re-assessment under section 147/148 of the Income Tax Act since service of notice by affixture was done at a wrong address.

No Service Tax on health care services by clinical establishments

January 5, 2018 96906 Views 0 comment Print

These 7 appeals are involving common dispute and are accordingly taken up together for disposal. 6 appeals are by assessees. One is by Revenue. The appellant assessees are engaged in health care services to the patients and they are managing well-known hospitals/medical centres in various places.

Royalty paid to Suzuki Motor Corporation Japan by Maruti Suzuki India Ltd. for use of licensed information is revenue expenditure

January 5, 2018 4677 Views 0 comment Print

Maruti Suzuki India Ltd. Vs ACIT (ITAT Delhi) The royalty paid to Suzuki Motor Corporation Japan by Maruti Suzuki India Ltd. for the use of licensed information held to be revenue expenditure

Mere addition to declared income during assessment proceedings would not ipso facto lead to imposition of penalty

January 5, 2018 2823 Views 0 comment Print

Assessee is not absolved of penalty because the additional income has been declared to buy peace. It must follow therefore that the above strategy (buy peace) by itself will not justify imposition of penalty, unless the requirement of the section under which the penalty is imposed are satisfied.

Tips paid by bank to casual workers on festive occasion is allowable expense

January 5, 2018 5286 Views 1 comment Print

In West Bengal State Co-operative Bank Ltd. v. DCIT, the Kolkata bench of Income Tax Appellate Tribunal in its recent order has held that the payment made by banks to casual workers on festive occasion can be allowed as deduction under section 37 of the Income Tax Act.

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