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Judiciary

Assessee can challenge Assessment order if AO not accepted consent of assessee in toto

June 9, 2017 4365 Views 0 comment Print

When the Assessing Officer has not accepted the consent of the assessee in toto then the said consent cannot be applied as a Doctrine of estoppels against the assessee and the assessee has a legal right to challenge the assessment order before the appellate authority.

No exemption U/s. 11 on acquisition of assets from borrowed funds

June 9, 2017 11430 Views 0 comment Print

In M/s. Peoples Education Society Vs. DCIT(E), the ITAT, Bengaluru held that the assessee- society is not entitled to exemption in respect of investment in fixed asset using loan amount under section 11 of the Income Tax Act.

Assessment U/s. 153A- In absence of Incriminating material no addition can be made in respect of concluded assessments

June 9, 2017 2895 Views 0 comment Print

Books of account and financials being already part of regular return filed by assessee, same could not be considered as incriminating material found during search and, therefore, AO could not make addition on the basis thereof in respect of already concluded assessments.

No Action Can Be Taken against Tobacco Manufactures under FSSAI Act as it’s not a food product

June 9, 2017 7800 Views 0 comment Print

The only submission made by the learned counsel for the petitioners is that the sale of tobacco would not attract the provisions of the enactment. He further submits that as per Rule 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations Act, 2011, tobacco shall not be used as ingredients in […]

Income from Assignment of patent for exploiting it commercially is Capital Gain

June 9, 2017 1233 Views 0 comment Print

Section 55(2)(a) talks of right to manufacture, produce or process any article or thing. Therefore, as per the amended provisions, the right to manufacture/produce/process would be taxable under the head capital gains and cost has to be taken at Rs. Nil.

Excise Dept To Refund Excessive Fine Imposed 19 Years Ago

June 9, 2017 1023 Views 0 comment Print

The matter is called out for final hearing as the matter is specifically listed for final hearing in summer vacation. Heard the learned counsel for the Petitioner and the learned Government Pleader for the State. 2. The Petitioner which is a private limited company holding FL II license and carrying on business of selling liquor […]

University Employee to be treated as Govt Employee for Tax Benefits

June 9, 2017 5559 Views 1 comment Print

If a case falls under clause (i) of section 10(10), the entire amount of death-cum-retirement gratuity becomes exempt. Au contraire, if a case falls under sub-clause (iii) of section 10(10), then, the exemption is limited to the amount as the Central Government may notify in official gazette.

House property Income cannot be assessed as business Income without valid reasons

June 9, 2017 2247 Views 0 comment Print

Supreme Court in the case of Raj Dadarkar & Associates vs. ACIT [2017] 81 taxmann.com 193 (SC) has clearly held that in case the provisions of Section 22 are applicable the property is to be assessed as income from house property.

Secret reference fees paid by diagnostic centre to Doctors is liable to TDS

June 8, 2017 5676 Views 0 comment Print

he payment made by the assessee as referral fees is directly proportionate or percentage of an amount received by the assessee for providing CT scan and MRI scan and such payment comes within the term ‘Commission or Brokerage’.

Rejection of C Forms without giving opportunity to Rectify Defects is invalid

June 8, 2017 8079 Views 0 comment Print

Before rejecting the C-Forms as containing discrepancies, the revisional authority should have returned the C-Forms and given an opportunity to the dealer to rectify the defects.

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