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Judiciary

Sec. 254(2) amendment applies to orders passed after 01/06/2016

October 29, 2017 2094 Views 0 comment Print

These Miscellaneous Applications are filed by the assessee seeking rectification of mistake apparent on the record in the order dated 06/09/2013 passed by the Tribunal while disposing of bunch of appeals filed by the department.

Addition U//s 41(1) not justified for creditors paid in subsequent years

October 29, 2017 11886 Views 0 comment Print

This is an appeal filed by the assessee against the order dated 7-11-2014 of learned Commissioner (Appeals)-XXVIII, Delhi for the assessment year 2011-12. In this appeal, the assessee has also filed a stay petition seeking stay of the outstanding demand.

No disallowance U/s. 40(a)(ia) for Payment to resident without TDS if he paid tax on such income

October 27, 2017 9420 Views 0 comment Print

What was common to both the provisos to section 40(a)(ia) and section 210(1) was that as long as the payee/resident had filed its return of income disclosing the payment received by and in which the income earned by it was embedded and had also paid tax on such income, the assessee would not be treated as a person in default.

Goods detained under GST to be released on execution of simple bond

October 27, 2017 2646 Views 0 comment Print

The petitioner is aggrieved with the detention of goods at Exhibit P4. The goods are granite purchased by the petitioner from Tami Nadu and transported to Karamana at Thiruvananthapuram. The petitioner submits that the transport is effected for the purpose of building a residential house; the permit of which is produced at Exhibit P1 and the plan at Exhibit P2

Right to Property is Constitutional / Legal and Human Right

October 26, 2017 22221 Views 0 comment Print

In absence of law prohibiting transfer, no restriction to transfer the land can be directed by respondent No.2 as right to property under Article 300-A of the Constitution of India is not only constitutional or legal right, but it is also human right and a person can be deprived of that right only by authority of law.

ITAT deletes penalty on Failure of AO to mention specific limb of section 271(1)(c); Penalty cannot be imposed for mere valuation difference

October 26, 2017 2493 Views 0 comment Print

Penalty U/s. 271(c) Addition for difference on account of method of valuation of Closing Stock without any intention to to conceal income or furnishing of inaccurate particulars of income not justified

Section 54/54F exemption not available if house purchased is not for residence of the Assessee

October 25, 2017 4008 Views 0 comment Print

In the case of more than one properties are purchased by the assessee, the option is available with the assessee to claim benefit under Section 54 in respect of the residential house purchased for the assessee’s own residence.

Second notice U/S. 148 during pendency of appeal against first notice is invalid

October 25, 2017 4155 Views 0 comment Print

Pushpa Rajawat Vs CIT (Rajasthan High Court) Since, the original proceedings were pending before the Commissioner (Appeals), without entering into the question of jurisdiction of the Sawaimadhopur assessing officer, the fact remains that the adjudicating authority could not have issued second show cause notice under section 148. In that view of the matter, without entering […]

TDS not deductible on Reimbursement of expenses billed separately

October 25, 2017 66315 Views 0 comment Print

In this case the appellant is receiving the material on Freight Prepaid basis (C&F). The foreign shipping companies were charging only the incidental charges like Port charges, Container payment, Stationery charges, License fees, Stamp charges, Bank charges, De-stuffing charges etc.

Hyderabad Cricket Association allowed to claim exemption u/s. 11

October 25, 2017 1227 Views 0 comment Print

Hyderabad Cricket Association is not engaged in activities in nature of trade and commerce or business and therefore, eligible to enjoy the benefit of section 11 of the Income Tax Act, 1961, the Income Tax Appellate Tribunal, Hyderabad bench said last week while disposing appeals filed by both HCA and the department.

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