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Judiciary

Commission to doctors cannot be allowed unless vouchers been produced even if allowed in earlier years

May 13, 2017 1014 Views 0 comment Print

These appeals are filed challenging the orders passed by the Income Tax Appellate Tribunal, Cochin Bench, in ITA Nos. 120/08 and 119/08 pertaining to the assessment years 2002- 03 and 2001- 02. For the assessment years in question, the assessee had made deduction of payments said to have been made to doctors towards MRI Commission, CT Scan and USG Commission, Pathology Collection Commission and CT Commission National Hospital.

HC on allowability of depreciation & set off of deficit of earlier years claimed by Trust

May 13, 2017 2289 Views 0 comment Print

Assessee education-trust could claim depreciation on assets acquired for purpose of carrying out charitable activities and could also carry forward deficit of earlier years and set it off against income of current year.

RTI reveals PF Scam Worth Crores involving 191 Accounts

May 12, 2017 2289 Views 1 comment Print

The PIO stated that the PF contribution of employers are getting credited in someone else’s account instead of their respective PF account and consequently the appellant alleged that his PF money was sent to some other account and someone else’s PF money has been received in his account.

Triple Talaq: Constitutional Rights Can’t be Infringed: Allahabad HC

May 11, 2017 2127 Views 0 comment Print

Talaq by a Muslim husband to his wife cannot be made in a manner which may infringe her fundamental rights guaranteed under Article 14 and 21 of part III of the Constitution.

Loss on Foreign Cars Sale used in Business is ‘Business Loss

May 11, 2017 1179 Views 0 comment Print

Loss suffered by the assessee on the sale of foreign is quantified at a figure of Rs. 51,6,108/-. The only question that remains is to determine the nature of loss. In view of the categoric finding of the Commissioner of Income Tax (Appeals) that has attained finality, to the effect that the foreign cars were utilised in the business of the assessee, the loss arising out of their sale would be liable to be categorised as a business loss.

ITAT Judgment on year of taxability in case of JDA

May 11, 2017 5661 Views 0 comment Print

These cross appeals by the Revenue and by the assessee are directed against the order of the Commissioner (Appeals)-4,Chenaai dated 8-2-2016.

Tax liability under Expenditure Tax on raising of a composite bill upon conclusion of hotel stay

May 11, 2017 1680 Views 0 comment Print

High Court held that under Expenditure Tax Act 1987 chargeable expenditure would be incurred only upon raising of a composite bill upon conclusion of hotel stay and not earlier.

Assessee allowed Deduction U/s. 54 depsite non completion of construction within 3 years

May 11, 2017 4197 Views 0 comment Print

This appeal of the assessee is directed against the order of the Commissioner (Appeals)-4, Chennai dated 19-8-2016 pertaining to assessment year 2012-13. 2. The only grievance in this appeal of assessee is non-granting of exemption under section 54 of the Act in respect of sale of the residential property.

Penalty notice without proper application of mind is invalid

May 11, 2017 2691 Views 0 comment Print

Where Assessing Officer issued two notices for imposition of penalty namely, one u/s 274 r.w.s. 271(1)(c) and second u/s 274 r.w.s 271AAA in cases where search u/s 132 of the Act has been initiated, then such notices issued by AO are untenable in law.

Truck terminus cannot be treated as building for providing resting /toilet facility

May 11, 2017 1371 Views 0 comment Print

Gotanagar Truck Terminus is a plant and not building, for the purpose of claiming depreciation under Section 32 read with Section 43 of the IT Act. Consequently the assessee is held entitled to depreciation at the rate of 25% as prescribed for plant and not at 10%, as applicable for building.

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