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Judiciary

AO must allow benefit U/s. 54F not claimed in return but during Assessment Proceedings

May 2, 2017 4536 Views 0 comment Print

If during the course of assessment proceedings, the assessee filed details of claim of exemption of the same u/s.54F of the Act, the Assessing Officer is duty bound to entertain those details and verify the same and if the assessee is found eligible otherwise as per the conditions u/s.54F of the Act, he is bound to allow deduction to the assessee.

At registration stage CIT not supposed to examine Nature of Activities

May 2, 2017 2466 Views 0 comment Print

CIT (E), while considering an application for registration under Section 12AA, is not supposed to examine whether applicant is entitled for certain exemptions under Section 11 or 12 or not since that is within the jurisdiction of Assessing Authority and not CIT (E).

Section 80HHC deduction not available on Sales Tax

May 2, 2017 1893 Views 0 comment Print

In K.H. Shoes Ltd v. ACIT, the division bench of the Madras High Court held that the Refund of Sales Tax received by the assessee is not deductible under section 80HHC of the Income Tax Act when such income has no direct nexus with his Export Business.

Contractual Workers eligible for benefits under Maternity Benefits Act

May 2, 2017 6480 Views 0 comment Print

Maternity leave does not change with the nature of employment. It is concerned with human right of a women and the employer and the Courts are bound under the constitutional scheme guaranteeing right to life, a right to live with dignity and protect the health of both mother and child

10% additional needs to be paid for filing appeal before CESTAT: Larger Bench

May 2, 2017 3312 Views 0 comment Print

Decision of the Division Bench of the Tribunal in the case of ASR Multimetals Pvt. Ltd. (supra) is correct and the appellant is required to deposit separately 10% of the amount of the duty confirmed/ penalty imposed, for preferring of appeal before the Tribunal against the order of Commissioner (Appeals).

Man Seeks exchange of Seized old notes after discharge from case

May 1, 2017 3474 Views 0 comment Print

Abhishek Shukla, who was discharged by the trial court in 2013 IPL spot-fixing case in July 2015, has moved the Supreme Court seeking a direction to the Reserve Bank of India (RBI) to accept demonetised Rs. 500 and Rs. 1,000 currency notes with a face value of Rs. 5 lakh, which was seized by the special cell of Delhi Police during probe of the case.

Azaan, is Integral Part of Islam but Not the Loudspeakers: HC

May 1, 2017 2553 Views 0 comment Print

High Court held that that ‘Azaan’ is no doubt an essential part of the Muslim religion but the use of microphones is certainly not an integral part of ‘Azaan’

No sec 40A(2)(b) rws 36 disallowance on Trade advance given to sister concern

May 1, 2017 3054 Views 0 comment Print

No disallowance can be made under Section 40A(2) (b) read with Section 36 of the Income Tax Act of interest paid on borrowed funds for trade advance given out of commercial expediency to sister concerns.

Exemption U/s. 54 cannot be denied for investment in joint name

May 1, 2017 8643 Views 1 comment Print

Assessee was entitled to full exemption u/s. 54 when full amount was invested by assessee even though property was purchased in joint names of assessee and his brother.

Search Assessment void if no Incriminating Material found during Search

April 30, 2017 2478 Views 0 comment Print

In the absence of any incriminating material unearthed during the course of search, the AO had no jurisdiction to initiate proceedings u/s 153A of the Act when no assessment proceedings were pending for this.

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