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Judiciary

Corporate veil can be lifted if Company is used as a means to evade tax

March 18, 2017 9798 Views 0 comment Print

Hc held that opinion that such a huge tax evasion cannot be so lightly permitted on account of any hyper-technicality. The concept of lift or piercing of corporate veil, as sometimes referred to as cracking the corporate shell, is applied by the Courts sparingly

Entry in birth register will prevail over entry in school register

March 17, 2017 5718 Views 0 comment Print

Deaths and Births register maintained by the statutory authorities raises a presumption of correctness. Such entries made in the statutory registers are admissible in evidence in terms of Section 35 of the Indian Evidence Act. It would prevail over an entry made in the school register, particularly, in absence of any proof that same was […]

VAT on Tractors: General Entry cannot override specific Entry

March 17, 2017 3384 Views 0 comment Print

In this case on the applicability of VAT Rate under Bombay Sales Tax Act, 1959 it was held by Bombay High Court that Tribunal was justified in holding that the bearings sold by the Applicant were covered by Entry C-II-146 of the Bombay Sales Tax Act, 1959 and not by Entry C-II102(2) as auto parts and C-II135 as tractor parts read with Entry A-35 of the Notification issued under Section 41 of the Bombay Sales Tax Act, 1959.

HC quashes SCN issued after decades; Criticizes Liberal adjournments

March 17, 2017 1290 Views 0 comment Print

In the present case, we find that the petitioners’ argument is that it is impossible for them to remember what was the issue and some decades back, what are the records on which it is based and how it is to be presented. Possibly all the records with them are destroyed or the units having been re­arranged, it is impossible for them to re­trace the records for want of staff and resources. In the circumstances, we do not think that the petitioners should be denied the relief.

No Penalty for making untenable Claim on Professional advice

March 17, 2017 3609 Views 0 comment Print

To our mind, in the instant case, what has emerged is that the Assessee, having realised that the expenditure claimed towards travelling under Section 57 of the Act was not tenable, offered the amounts expended to be added to her income and, accordingly, paid the requisite tax and interest upon the same. In our opinion, this was not a case, where, the Assessee could be said to have either concealed particulars or furnished inaccurate particulars of her income.

Investment in unrecorded stock taxable as ‘Business Income’

March 17, 2017 6198 Views 0 comment Print

ITAT held that amount surrendered by way of investment in the unrecorded stock of rice has to be brought to tax under the head business income. It Further held that Only real income can be taxed, hypothetical income cannot be taxed nor income can be taxed in vacuum.

No exemption to Hospital building from tax payment for mere affiliation with educational institute

March 17, 2017 1341 Views 0 comment Print

A hospital attached to a Medical College can be treated as a building used for educational purposes only when medical relief offered in said hospital is free of cost.

HC allows Additional Evidence to Assess real Income of the Appellant

March 16, 2017 1287 Views 0 comment Print

PCIT Vs Daljit Singh Sra Prop M/s Sra Construction Co. Bathinda (Punjab & Haryana High Court) Case Law On Additional Evidences Filed Under Rule 46a: Pcit V. Daljit Singh Sra (2017) (P&H) Where additional evidences filed under rule 46A was relevant for calculation of real income of assessee, same was to be admitted Before the […]

TDS cannot be Adjusted against Tax payable under VDIS, 1997

March 16, 2017 2928 Views 0 comment Print

A person seeking to avail the benefit of VDIS Scheme of 1997 Act must strictly satisfy its provisions as held by the Supreme Court in Hemalatha Gargya v/s. CIT 259 ITR 1. The Apex Court held that the person seeking the benefit of the Scheme of 1997 Act is bound to strictly comply with its conditions like any fiscal legislation and equitable considerations can have no place in construing it.

Capital gains on transfer by a foreign company of shares in another foreign company holding assets in India is taxable in India

March 16, 2017 9081 Views 0 comment Print

We have carefully considered the rival contentions. To put the facts very simply in a narrow compass , the assessee company is a tax resident of United Kingdom which was incorporated on 26th of June 2006. On 30/06/2006

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