Follow Us:

Judiciary

Section 194H: TDS not applicable on Bank guarantee commission

August 14, 2017 1560 Views 0 comment Print

DCIT Vs. Delta Constructions Ltd. (ITAT Hyderabad) Assessee contends that in order to invoke the provisions of section 40(a)(ia) it has to be shown that the payment made by the assessee is attracted by the provisions of section 194H of the Act i.e., there is liability to deduct tax at source on the bank guarantee […]

Sec. 194J TDS not deductible on Payments for SMS Services

August 14, 2017 19413 Views 0 comment Print

1. These appeals pertain to Assessment Years 2007-­08 and 2008­-09. 2. Mr. Singh, learned Counsel for the appellant submits that the Tribunal was not justified in law to hold that the provisions of Section 194J is not applicable in respect of the payments made to M/s. Valuefirst Messaging Pvt. Ltd. for providing SMS services as […]

4 year limitation period for Re-Assessment is an Exception and not the Rule

August 14, 2017 3744 Views 0 comment Print

This is yet another case in the ever increasing number of cases filed before this Court challenging the issuance of notice under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as the Act).

Assessee cannot claim to be under reasonable belief of Income Exemption after paying Tax on the same for 40 Years

August 13, 2017 2118 Views 0 comment Print

On allowing appeals by the Revenue and / or rejection of Cross Objections filed by the assessee, the assessee moved an application seeking reference of following two questions of law for decision of this court

Onus of ensuring presence of deponent cannot be shifted to assessee

August 13, 2017 1764 Views 0 comment Print

S. 68: Statements recorded u/s 132 (4) do not by themselves constitute incriminating material. A copy of the statement together with the opportunity to cross-examine the deponent has to provided to the assessee. If the statement is retracted and/or if cross-examination is not provided, the statement has to be discarded. The onus of ensuring the presence of the deponent cannot be shifted to the assessees. The onus is on the Revenue to ensure his presence

Section 80IA: Bottling of LPG amounts to manufacture: SC

August 13, 2017 2973 Views 0 comment Print

The word ‘production’ has a wider connotation in comparison to ‘manufacture’, and any activity which brings a commercially new product into existence constitutes production. The process of bottling of LPG renders it capable of being marketed as a domestic kitchen fuel and, thereby, makes it a viable commercial product.

6 Month limitation period commences from the date of receipt of order sought to be rectified by assessee

August 13, 2017 4119 Views 0 comment Print

Feeling aggrieved and dissatisfied with the impugned order passed by the learned Central, Excise & Service Tax Appellate Tribunal, West Zonal Bench, Ahmedabad (hereinafter referred to as CESTAT) dated 18/08/2015 by which the learned CESTAT has dismissed the rectification application on the ground that the said application has been preferred beyond the date of six months from the date of passing the original order, appellant has preferred the present Tax Appeal.

Gold converted in jewelery/ ornament eligible for deduction U/s. 80-IB

August 10, 2017 2025 Views 0 comment Print

Whether the Income Tax Appellate Tribunal was justified in deleting the addition made by the assessing officer by dis-allowing the deduction claimed under section 80-IB of the Income Tax Act, 1961

Compounding fee for permissible deviation of building plan is allowable

August 9, 2017 21783 Views 0 comment Print

Keerthi Estates (P) Ltd. Vs. DCIT (ITAT Hyderabad) The assessee has paid compounding fine to regularize the building plan. The payment of such compounding fine is penalty in the nature of an offence or which is prohibited by law. We have noticed that the decision on this count is divided among the various courts. The […]

Salary of NRI seafarer not taxable in India for Service rendered outside India

August 9, 2017 4635 Views 0 comment Print

Arnab Bose Vs DCIT (ITAT Kolkata) In the instant case, the employer has directly credited the salary, for services rendered outside India, into the NRE bank account of the seafarer in India. In our considered opinion, the aforesaid Circular is vague in as much as it does not specify as to whether the Circular covers […]

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031