Follow Us:

Judiciary

Brief description of land mentioned and plan was made part of notification making it available for inspection; notification u/S 3A of NH Auth. Act fulfills requirement of law.

July 26, 2016 2223 Views 0 comment Print

Brief description of land mentioned and plan was made part of notification making it available for inspection; notification u/S 3A of NH Auth. Act fulfills requirement of law Since all the petitions involve common question of law and common facts, they are being disposed of by this common order. 2. Petitioners are land holders whose […]

Interest free loan to AE – Crime?

July 26, 2016 28623 Views 0 comment Print

The critical question before special bench: Whether, on the facts and in the circumstances of the case, no arm’s length rate of interest was required to be charged on the loan granted by the non-resident assessee-company to its wholly owned subsidiary Indian company M/s. Datex-Ohmeda (India) Pvt. Ltd. (Datex)?

Satisfaction of need, rendition & benefit test is to be from assessee’s business point of view

July 24, 2016 24159 Views 0 comment Print

The ITAT Delhi in the above cited case held that the need , rendition and benefit test for services availed by the assessee from associated enterprises should be applied having regard to the assessee’s business and not in a generic manner. TPO should have given due thought to the requirements ,benefits and manner of rendition of services by AEs before jumping to the conclusion that

Petition for return of Stridhan to be filed in form of plaint

July 22, 2016 34419 Views 0 comment Print

Petition for return of Stridhan to be filed in form of plaint; ad valorem court fee not payable on such petition, only fixed court fee of Rs. 40/- payable. 1. Present is an appeal under Section 19(1) of the Family Courts Act, 1984 assailing the legality and validity of the order passed by the Family […]

SEZ developer eligible for deduction U/s. 80-IAB on income earned from SEZ operation & maintenance

July 21, 2016 7263 Views 0 comment Print

Assessee being developer of SEZ was eligible for deduction under section 80-IAB for income earned from operation and maintenance of SEZ.

Interest on investments of Service Co-operative Banks eligible for deduction u/s 80P(2)(a)(1)

July 20, 2016 22154 Views 0 comment Print

Interest income on investments of Service Co-operative Banks is business income eligible for deduction u/s 80P(2)(a)(1) and not income from other sources. SC decision in Totgar case not applicable in this case.

Non mention of specific ground in penalty notice U/s. 274 makes it defective

July 20, 2016 2088 Views 0 comment Print

Show cause notice under section 274 not spelling out the specific ground on which penalty under section 271(1)(c) was sought to be imposed, was defective and, therefore, penalty was deleted.

Compensation paid for damage to environment is allowable

July 19, 2016 7054 Views 0 comment Print

The compensation was paid because the assessee had failed to install the pollution control device within the time prescribed. Therefore, payment of the sum of Rs.12,50,000/- is not hit by Explanation-1 to Section 37 of the Act. The Hon’ble judges of the Kolkata High Court by setting aside the orders of ITAT held that payment was und

Revenue sharing arrangements are liable to service tax: AAR

July 19, 2016 29589 Views 0 comment Print

AAR held that a revenue sharing arrangement by creating a partnering person shall be liable to service tax if the partners are providing taxable service to one another in execution of partnering purpose even if the purpose of creating partnering person is non-taxable.

AMP expenditure without agreement with AE is not an international transaction

July 17, 2016 46211 Views 1 comment Print

The ITAT Mumbai in the above cited case held that Advertising, Promotion and Marketing expenses (AMP) cannot be considered as international transaction unless there exist an agreement between the assessee and its AE to share/reimburse the AMP expenditure incurred by the assessee in India.

Search Post by Date
June 2026
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
2930