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Judiciary

NEBULA Watch is Jewellery for levy of VAT in Gujarat

March 13, 2017 1854 Views 0 comment Print

NEBULA Watch, which is predominantly a jewellery, is made of gold, precious metals and /or precious stones /diamonds and is made of 18 Karat gold. Under the circumstances, the same can be said to be an Article or Jewellery falling within Entry No.13(ii) of Schedule II of the Act.

PML Act, 2002 Provisions cannot be invoked Retrospectively

March 13, 2017 2376 Views 0 comment Print

By consent of the learned advocates appearing for the parties, all these writ petitions are taken up for hearing together, as similar questions of law are involved in these writ petitions, in order to avoid a conflicting judicial opinion. We are also informed that facts are, almost, identical.

Penalty not to be levied if quantum appeal is admitted by High Court

March 13, 2017 4047 Views 0 comment Print

It upheld the view of the Tribunal that the imposition of penalty was not justified as admission of appeal in quantum proceeding on this issue as substantial question of law was proof enough of the issue being debatable.

Delhi HC Explains Section 271(1)(c) penalty read with Explanation 5

March 13, 2017 9282 Views 1 comment Print

These four appeals by the revenue, under Section 260-A of the Income Tax Act, (“the Act”) are directed against four separate orders of the Income Tax Appellate Tribunal (Delhi Bench) (“ITAT”) for AY 2005-06 and 2006- 07. The following common question of law was framed for decision by this court

Assessment u/s 153A is Limited to search related income only

March 12, 2017 3228 Views 0 comment Print

It is held that the Assessing Officer while framing the assessment under Section 153A of the Act for the block period may make addition considering the incriminating material found for the year under consideration only which was collected during the search.

HC slams cavalier fashion working of UP VAT Department

March 12, 2017 1734 Views 0 comment Print

If in this cavalier fashion the Commercial Tax Department functions and withdraws huge sums of money without valid service, it would be difficult for big business houses to carry on their business. Such business houses would be forced to shift their business outside the State of Uttar Pradesh.

S. 24(b) Interest on Loan taken to repay earlier Loan on property allowable

March 11, 2017 6291 Views 1 comment Print

Whether interest paid by assessee on loan taken for repaying the loan earlier borrowed for acquisition of the property is allowed as deduction u/s 24(b) of the Income Tax Act,1961?

Rule-8D is not attracted if assessee has voluntarily computed disallowance

March 11, 2017 2667 Views 0 comment Print

Under sub-section (2) of Section 14A of the Act, the Assessing Officer is required to examine the accounts of the assessee and only when he is not satisfied with the correctness of the claim of the assessee in respect of expenditure in relation to exempt income,

HC refuses to Quash Criminal Case When Trial is almost over

March 11, 2017 927 Views 0 comment Print

No plausible explanation has been offered by the petitioner as to why the matter was not settled at the earlier stages. After the victims have examined themselves on oath and the matter is fixed for final disposal, it is not a fit case to quash proceedings under Section 482 Cr.P.C. on the basis of settlement.

Activity of Mere Hiring of Machineries and Equipments does not attract TDS: Allahabad HC

March 10, 2017 1581 Views 0 comment Print

Taking of machinery and equipment on hire would not amount to a contract for carrying out any work as contemplated in section 194C of Act.The said contract i.e. taking of machinery and equipment on hire also cannot be treated with a contract for supply of labour.

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