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Judiciary

Section 14A cannot be applied to losses due to diminution in value of investments due to merger/amalgamation

December 14, 2017 2928 Views 0 comment Print

These are bunch of seven appeals filed by the assessee as well as the Revenue for assessment year 2006-07, 2007-08, 2009-10, 2010-11 and 2011-12 . First we shall take up cross appeals field by the assessee as well as the Revenue in ITA 4284/Mum/2014 and 1807/Mum/2011 for assessment year ( AY ) 2006-07 respectively.

12 principles governing section 44BB culled out from various judgments

December 14, 2017 5286 Views 0 comment Print

The Income Tax Appellate Tribunal recently ruled that the service tax collection shall be deducted from gross Receipts while computing the profit for the purpose of Section 44BB of the Income Tax Act, 1961.

Interest on Bank overdraft- Used in business vis-a-vis investment in mutual funds

December 14, 2017 16728 Views 0 comment Print

1. The impugned additions and disallowance made in the order dated 29-12-2011 under section 143(3) of the Act, bad in law and on facts of the case, for want of jurisdiction and various other reasons and hence the same kindly be deleted.

Terminal Excise Duty payment is not Valid reason to deny Refund

December 14, 2017 1569 Views 0 comment Print

Explore the Ministry of Mines’ 2024 amendments to Mineral Auction Rules. Changes in bid submissions, upfront payments, and performance security.

Reopening of assessment beyond a period of 4 years to make fishing inquiries not justified

December 13, 2017 4488 Views 0 comment Print

The primary condition of reasonable belief having nexus with the material on record is still operative. However, we are of the view, that mere fresh application of mind to the same set of facts or mere change of opinion does not confer jurisdiction to the assessing officer even under the post-1989 section 147 of the Act.

Deduction U/s. 54 can be claimed for House purchased in wife’s name

December 13, 2017 21783 Views 5 comments Print

When the entire investment for the purchase of new house has gone through the assessee’s account then benefit u/s 54 of Income Tax Act cannot be denied on the ground the new house was purchased in the name of wife. Hence, the claim of the assessee u/s 54 of the Income Tax Act is allowed.

Interest on FD having no immediate nexus with business is taxable as Income from other sources

December 13, 2017 5253 Views 0 comment Print

Where interest on Fixed Deposit Receipt had no immediate nexus with the business of assessee and business was yet to commence, then so long as assessee had no business income, the interest earned could not be treated as business income and it had to be treated as ‘Income from other sources’.

HC Slams Central Excise Dept for delay in Court Proceedings due to frequent change in it’s panel lawyers

December 13, 2017 4623 Views 0 comment Print

There is delay being caused in Court proceedings by the Central Excise Department as it keeps on changing it’s panel lawyers from date to date. Today, when this matter was called out Sri Praveen Kumar, Advocate informed the Court that though he is also a panel lawyer but the file of this case has been now allotted to someone else.

Steam / Cooling Power generation activities are eligible for deduction u/s 80 IA

December 13, 2017 8676 Views 0 comment Print

ITAT Held that (i) That the assessee has generated steam power from bio-gas, (ii) Generation of cooling power from cooling towers and (ii) Cooling Power from Ammonia Absorption Refrigeration Plant ans such activities are eligible for Deduction  under Section 80 IA of the Income Tax Act, 1961. 

Addition U/s. 69A based on part of statement which suited AO not sustainable

December 13, 2017 2982 Views 0 comment Print

The point worth noting here is that this fact was stated by the assessee in his statement also at the time of search. Learned assessing officer has chosen to rely only upon that part of statement which suited him and ignored the remaining one.

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