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Judiciary

Addition based on mere scribbling on Loose Papers cannot be sustained

April 27, 2017 3441 Views 0 comment Print

This court is of the opinion that the material found was sketchy and insufficient to warrant a fresh valuation. In any case, the AO‟s order did not even go by the valuation report, but on an entirely different footing- not based on any principle at all.

Formula One Car Racing Income Taxable In India: SC

April 27, 2017 2991 Views 0 comment Print

As per Article 5 of the DTAA, the PE has to be a fixed place of business ‘through’ which business of an enterprise is wholly or partly carried on. Some examples of fixed place are given in Article 5(2), by way of an inclusion.

Take steps to prevent Dengue, Chikungunya, Malaria or face stern action: Delhi HC

April 26, 2017 1671 Views 0 comment Print

Delhi HC has asked Delhi government to take all necessary steps to prevent outbreak of vector-borne diseases, including dengue, chikungunya and malaria, which are caused on account of mosquito bites.

Court cannot review decision to not exempt goods from Excise: SC

April 26, 2017 1446 Views 0 comment Print

Once the appellant accepts that in law it was liable to pay the duty, even if some of the units have been able to escape payment of duty for certain reasons, the appellant cannot say that no duty should be recovered from it by invoking Article 14 of the Constitution.

Amount paid to village elders to help settle land disputes is allowable

April 26, 2017 1218 Views 0 comment Print

It is not uncommon that village elders intervene and settle the land disputes to safeguard the law and order and protect the peaceful atmosphere of the village.

Misappropriation of fund cannot be ground for cancellation of Trust registration

April 26, 2017 4362 Views 0 comment Print

The Hyderabad bench of Income Tax Appellate Tribunal (ITAT) held that Collection of donation by Educational Institution/ Society is not ‘Capitation Fee.

No Tax on amount not receivable under a void contract

April 26, 2017 2031 Views 0 comment Print

On the contract becoming void ab initio, the transaction of income from ICICI Home Financing Co. Ltd. was reversed by the assessee since there was no legally enforceable right to such income on the contract being declared as void ab initio.

Nomination not amounts to Will: Delhi HC

April 26, 2017 4176 Views 0 comment Print

In view of the settled legal position that nomination is not a Will, and in the absence of the any Will only those persons who are legal heirs under the Hindu Succession Act inherit the properties.

Section 80(5) & 4th Proviso to S. 10B(1) are constitutionally valid: HC

April 26, 2017 1773 Views 0 comment Print

Section 10B(1) of the Act, gives numerous benefits to the assessees and the fourth proviso does nothing but requires compliance of the time line provided in Section 139(1) of the Act for claiming the benefit of Section 10B(1).

Sec. 12AA registration cannot be denied merely for having activities outside India

April 26, 2017 4746 Views 0 comment Print

On the facts and circumstances of the case, the learned Director of Income Tax (Exemption)has erred both on facts and in law in rejecting the application of the assessee for registration under Section 12A of the Income Tax Act, 1961.

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