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Judiciary

Unintentional errors in filling appeal should be overlooked and be disposed -off on merits

December 28, 2016 4435 Views 0 comment Print

Bombay HC held that an unintentional error on the part of assessee while filling an appeal, more so when the department also acted ignoring the error, would not result in rejecting assessee’s appeal being time barred.

Unexplained Funds Routed to Assessee Company to Result in Additions in Hands of Both the Parties

December 28, 2016 2446 Views 0 comment Print

Section 68. Where any sum is found credited in the books of an assessee maintained for any previous year, and the assessee offers no explanation about the nature and source thereof or the explanation offered by him is not

Service revenue need not to be include service tax-Sec 145A(a)(ii) not applicable to service revenue

December 24, 2016 2731 Views 0 comment Print

Sec 145A(a)(ii) has no applicability on service revenue which follows that service revenue need to be inclusive of service tax. It also held that service tax which has not even been claimed as deduction cannot be disallowed by recasting profit and loss account of assessee.

Mere surplus generation not fatal to exemption u/s 10(23C)(vi)(via)/ 80G if same is utilized for charitable purposes

December 23, 2016 1530 Views 0 comment Print

In this case Punjab & Haryana High Court upheld the The law laid down in Visvesvaraya Technological University vs. ACIT 384 ITR 37 (SC)  that  generation of surplus is not fatal to the grant of exemption under section 10(23C)(vi)(via)/ 80G of Income Tax Act, 1961 if such surplus is utilized for charitable purposes. In this […]

Section 50C Market Value on sale deed date or stamp duty value on sale agreement date

December 23, 2016 11461 Views 2 comments Print

For determination of capital gains according to section 50C market value of property as on date of sale deed or stamp duty value as on date of agreement to sale: which has to be taken?

Copy of FIR to accused cannot be refused except in sensitive cases

December 23, 2016 8898 Views 0 comment Print

In case a copy of the FIR is not provided on the ground of sensitive nature of the case, a person grieved by the said action, after disclosing his identity, can submit a representation to the Superintendent of Police or any person holding the equivalent post in the State.

Land cannot be classified as non-agricultural for mere agricultural activity absence

December 23, 2016 5188 Views 2 comments Print

Whether an agricultural land held by assessee, which is suitable for agricultural operation, loses the characteristics of agricultural land merely because no agricultural operation was carried by assessee on such land?

No TDS U/S 192 in Case Where Tax Already Been Paid by Employer

December 21, 2016 2788 Views 0 comment Print

The employer i.e. ONGC has paid fringe benefit u/s 115WA of the Act to the employee and thus, the employee was not bound to pay tax on the aforementioned expenses, as a part of his salary.

SC guideline on National anthem of India

December 20, 2016 1063 Views 0 comment Print

National Anthem should not be utilized by which person involved with it either directly or indirectly shall have any commercial benefit or any other benefit.

Tips to Employees: Whether Form Part of Salary or Perquisite and Profits In Lieu of Salary & Liable to TDS?

December 19, 2016 3160 Views 0 comment Print

SC held that income from tips would be chargeable in the hands of employees as income from other sources, such tips being received from customers and not from employer

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