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Section 153(2): Period of 60 days to be counted from whether date of vacation of stay or date of receipt of order

November 26, 2017 8808 Views 0 comment Print

Where in case of reassessment proceedings stay was granted by court and thereafter stay was vacated, the reassessment order was to be passed within 60 days from the date of vacation of stay, AO was not justified in saying that the period of 60 days should be counted from the date of receipt of order in office since it was not aware of the order.

Accrual basis accounting: Income of relevant F.Y. is to be accounted in same F.Y.

November 26, 2017 2742 Views 0 comment Print

Advocate Akhilesh Kumar Sah ACIT vs. Noida Toll Bridge Co. Ltd. (Delhi ITAT) Mercantile based accounting requires income and expenditure of a financial year has to be taken in account in the same, concerned financial year. In ACIT vs. Noida Toll Bridge Co. Ltd. & vice versa [ITA Nos. 5246, 5247, 5248, 5249 and 5286/Del/2012, […]

Non-payment of minimum wages to workers is unconscionable and unpardonable in law: HC

November 25, 2017 7917 Views 0 comment Print

Central Secretariat Club Vs. Geetam Singh (Delhi High Court) Non-payment of minimum wages, to a workman is, therefore, unconscionable and unpardonable in law. It strikes at the very root of our constitutional framework, and belies the aspirations set out in the preamble thereto. The preamble to the Constitution is the Constitution. It is the most […]

Sales Tax Penalty not allowable as business expense to the extent it is not compensatory

November 25, 2017 41520 Views 0 comment Print

M/s. Bokaro Power Supply Co. Ltd. Vs. DCIT (ITAT Delhi) In the case of Swadeshi Cotton Mills Vs. CIT Ltd. (supra) the Hon’ble Supreme Court has held that, ‘where the amount paid is partly penal and partly compensatory, the amount to the extent that it is compensatory could be allowed as deduction’. Further, Hon’ble Jurisdictional […]

HC dismiss petition demanding Movies with ‘A’ Certificate be Not Shown on TV despite editing

November 24, 2017 1275 Views 0 comment Print

Erada Gopi Chand Vs. Union Of India & Anr. (Delhi High Court)  The primary ground of challenge raised in this writ petition is to the effect that once having accorded a certification to a film under Section 5A of the Cinematograph Act, 1952, the Central Board of Film Certification, constituted by the Central Government under […]

Violation of SEBI regulations by broker would not make assessee’s share transactions bogus

November 24, 2017 1458 Views 0 comment Print

It was held that where DMAT account and contract note showed details of share transaction, and Assessing Officer had not proved said transaction as bogus, capital gain earned on said transaction could not be treated as unaccounted income u/s 68.

Dissemination of Yoga is within the Term Medical Relief and imparting education

November 24, 2017 1107 Views 0 comment Print

While admitting an appeal by the Revenue against the ITAT Delhi’s order granting relief to Patanjali, the Delhi High Court recently ruled that propagation of yoga, Vedic philosophy, practice of yoga, education with respect to yoga are to be considered as medical relief for the purpose of granting exemption under the provisions of the Income Tax Act, 1961.

S. 68 Principle of peak credit not applicable when deposits remain unexplained

November 24, 2017 7641 Views 0 comment Print

For adjudicating upon the plea of peak credit the factual foundation has to be laid by the assessee. He has to own all cash credit entries in the books of account and only thereafter can the question of peak credit be raised

Penalty waived for non-attendance by earlier Counsel without intimating assesse

November 23, 2017 2922 Views 0 comment Print

it has been submitted that assessment proceedings before the AO were earlier being taken care of by the tax counsel, who, however, stopped attending the proceedings without intimating the assessee as differences had developed between the assessee and the counsel.

Disallowance U/s. 14A untenable in absence of Non-recording of satisfaction

November 23, 2017 1737 Views 0 comment Print

Phraseology of section 14A of the Act itself specifies that the satisfaction contemplated is required to be arrived at having regard to the accounts, an approach which is conspicuous by its absence in the present case.

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