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Judiciary

Provide Info on Demonetization under RTI: CIC to Dept of Posts

May 18, 2017 1545 Views 0 comment Print

The CIC, in the case of Ramswaroop Vs PIO, Department of Posts, has directed the authority concerned to provide information regarding the number of currency notes exchanged during the demonetization period to the petitioner since demonetization had a huge impact on the everyday life of every citizen of the nation.

Broken period interest is allowable as deduction

May 17, 2017 10029 Views 1 comment Print

Hon’ble High Court of Rajasthan In CIT Vs. Bank Rajasthan Ltd (supra) and had held that broken period interest is allowable as deduction. Following the same parity of reasoning, we hold that the assessee is entitled to the claim of broken period interest of Rs.16,97,027/-. The ground of appeal No.1 raised by the assessee is thus, allowed.

Expenses not allowable on Failure to prove that it was incurred for business purpose

May 17, 2017 2766 Views 0 comment Print

These are appeals filed by the assessee-firm directed against the common order of the Commissioner (Appeals), Gulbarga, dated 29-1-2016 for the assessment years 2011-12 and 2012-13. Since common issue is involved in both the appeals, we proceed to dispose of the same by this common order.

SC Upheld validity of MVAT (Levy, Amendment and Validation) Act, 2009

May 17, 2017 3192 Views 0 comment Print

SC upheld constitutional validity of the Maharashtra Value Added Tax (Levy, Amendment and Validation) Act, 2009 which amended certain provisions in the Maharashtra Value Added Tax Act, 2002 (MVAT Act) with retrospective effect from April 01, 2005.

Railway catering services not exempt from sales tax: Bombay HC

May 17, 2017 1689 Views 1 comment Print

The only contention and which has prevailed throughout is that the departmental catering service being a property of the Union of India through General Manager, Western Railway, it squarely falls within the exemption provision and particularly carved out by Article 285 of the Constitution of India. That exempts property of the Union from the State taxation.

Deprecation cannot be claimed in respect of Written Off / unusable Assets

May 16, 2017 34212 Views 0 comment Print

Section 32(1)(iii) of the Act provides for deduction, in the case of any building, machinery, plant or furniture, in respect of which depreciation is claimed and allowed under clause (i) and which is sold, discarded, demolished or destroyed in the previous year (other than the previous year in which it is first brought into use), […]

Income from house property or business income: Depends on facts of a particular case

May 16, 2017 3711 Views 0 comment Print

Whether ITAT was right in holding that the income earned by the appellant from the shopping center was required to be taxed under the head “income from House Property” instead of the head “Profits and Gains from the Business or Profession” as claimed by the Appellant

Practice of taking undated cheques by excise department is illegal: HC

May 15, 2017 2376 Views 0 comment Print

Court has been shown the five undated cheques for sum of Rs.1.25 crores which were collected from the Petitioner during the visit to the premises of the Petitioner on 10th March, 2017. The Court specifically asked Mr. Harpreet Singh, learned counsel appearing for the Respondents, to show any provision in Central Excise Act 1944 (CE […]

AO cannot Extend Time Limit to Special Audit Report submission beyond 180 Days

May 15, 2017 3018 Views 0 comment Print

Section 142 (2A) of the Act anticipates timely submission of the report of the Special Auditor. The Auditor who is to conduct special audit in terms of Section 142 (2) of the Act is not an auditor of the choice of the Assessee. The auditor is nominated by the Revenue and his work is not […]

Expenses Reimbursement on cost to cost basis cannot be included in Fee for Technical services

May 15, 2017 5145 Views 0 comment Print

Amount received by the assessee on account of reimbursement which has been received over and above the amount of FTS cannot be included and taxed as part of FTS.

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