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SC on payment of tax under Kerala Tax on Paper Lotteries Act, 2005

January 5, 2018 765 Views 0 comment Print

Assistant Commissioner, Commercial Taxes & Ors. Vs. LIS (Supreme Court of India) 1. The liability of the respondent- assessee to payment of tax under the Kerala Tax on Paper Lotteries Act, 2005 (herein after referred to as ‘the Act’) is the question that arises for determination in the present appeal(s). 2. While the primary authority […]

ITAT explains Meaning of term “relative” in context of HUF

January 5, 2018 20577 Views 0 comment Print

While hearing the case of Subodh Gupta vs Commissioner of Income Tax (CIT), Delhi bench of Income Tax Appellate Tribunal (ITAT) recently held that gift received by Hindu Undivided Family (HUF) from the mother of Karta would attract Income Tax.

CCI imposes Penalty on Chemists Associations for limiting & Controlling supply of drugs and medicines

January 4, 2018 1578 Views 0 comment Print

Competition Commission of India imposes Penalty on Chemists and Druggists Association of Baroda and Federation of Gujarat Chemists and Druggists Association The Competition Commission of India (‘Commission’) has found the Chemists and Druggists Association of Baroda (‘CDAB’) and Federation of Gujarat State Chemists and Druggists Association (‘Gujarat Federation’) to be in contravention of the provisions […]

Addition for Capital Gain cannot be made for merely signing as a Confirming Party

January 4, 2018 5613 Views 0 comment Print

It has been clearly mentioned that the capital gain income has been declared in the return of income of Smt. Gyanwati Dhakar, who has actually sold this property. The assessee has just signed as a confirming party.

Kerala HC allows Deduction u/s 80-IA to Kannan Devan Plantations

January 4, 2018 3120 Views 0 comment Print

Revenue, has contended that the assessee’s business is not a new industrial undertaking. According to him, the assessee has also miserably failed to establish that it has spent more than 50% of the plant’s book value on any renovation or modernisation.

Madras HC decision in Cairn India of exercise of Jurisdiction U/s. 263 by DIT

January 4, 2018 2034 Views 0 comment Print

A division bench of Madras High Court recently invalidated an assessment order against M/s. Cairn India Ltd. The primary object of the Assessee is to carry on exploration and production of oil and gas in India. For this purpose, it had acquired participating interest in various oil and gas blocks.

Compute working capital adjustment using OECD methods: ITAT upheld DRP direction

January 4, 2018 5778 Views 0 comment Print

Whether the observations of Honble DRP is right in directing the TPO to give working capital adjustment [using OCED methodology given in Annexure to chapter – 3 and applying SBI Prime Lending Rate (as on 30th June of the relevant financial year) as the interest rate] against the TPO order dated 16.01.2014 passed u/s 92CA(3) for A.Y. 2010-11.

Issues relating to Territorial Jurisdiction cannot be decided on the Administrative Side of CESTAT: Delhi HC [Read Order]

January 4, 2018 1869 Views 0 comment Print

It is obvious that the appeals should be listed on the judicial side, even if, there is an issue or debate with regard to the territorial jurisdiction of the Tribunal. Such matters cannot be decided on the Administrative side, by the Registry of the CESTAT, even when it is of the opinion that the appellants have not approached the right or correct Bench of the Tribunal having territorial jurisdiction.

No deduction allowed U/s. 43B of amount standing in ‘Sales-tax Recoverable A/c‟

January 3, 2018 5115 Views 0 comment Print

Whether the ITAT has committed an error of law in upholding the dis allowance of Rs. 3,08,79,171 in respect of Sales Tax Recoverable account, under Section 43B of the Income Tax Act?

No Penalty if income is assessed on estimate basis and addition is made on that basis

January 3, 2018 4053 Views 0 comment Print

. The provisions of section 271(1)(c) are not attracted in cases where income of the assessee is assessed on an estimate basis and addition is made on that basis. Even if the assessee is not able to substantiate the explanation, but his explanation is not lacking bona fide, and, therefore, we are of the view that it is not a fit where vigour of provisions of section 27 1(1) is attracted.

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