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Judiciary

Rule 26 of CE Rules, 2002 – Penalty not sustainable where actual involvement of parties in clandestine removal of goods not established – HC

February 4, 2016 2517 Views 0 comment Print

Delhi High Court held In the case of Rakesh Kumar Garg & others vs. CCE that the SCN which proposed the penalty would have to make out a case for how Rule 26 is attracted. In the present case, apart from merely stating that the three Appellants were in control of the affairs

Income from temporary letting of Property taxable as Income from House property if letting is not main object

February 4, 2016 3128 Views 0 comment Print

ITAT Delhi held In the case of G.R. Commercial Pvt. Ltd. vs. ITO that the Supreme Court in the case of Chennai Properties and Investments Ltd. vs CIT (2015) 373 ITR 673 (SC) after considering all previous judgments of Supreme Court

No addition for change in valuation of stock, where method changed in compliance of ICAI Accounting Standard

February 4, 2016 1234 Views 0 comment Print

ITAT Lucknow held In the case of ACIT vs. M/s J. K. Synthetics Ltd. that CIT (A) correctly observed that there are many judgments in which, it was held that if there is change in the method of valuation of closing stock due to mandatory requirement and that change has been consistently followed by the assessee, no addition is called for.

Revenue expenses u/s 37 allowed in same year, AO not authorized to treat as deferred revenue expenditure

February 4, 2016 1879 Views 0 comment Print

ITAT Delhi held In the case of ACIT vs. M/s Citi Financial Consumer Finance India Ltd. that this issue is squarely covered by assessee’s own case in ITA No. 4776/Del/2010 vide order dated 20.02.2015, for the assessment year 2006-07 passed by this Bench of the Tribunal in which it was held that

Facebook friends may be treated as connected for Insider Trading

February 4, 2016 6463 Views 0 comment Print

In this case observed that having mutual friends on Facebook will form the basis of determination and to establish connection between the parties who have committed Insider Trading in Violation of SEBI (Prohibition of Insider Trading) Regulations, 2015.

HC on Selection / appointment of Civil Judge (Entry Level)

February 3, 2016 1170 Views 0 comment Print

Selection and appointment on the post of Civil Judge (Entry Level) has to be made in accordance with the Chhattisgarh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 2006.

Receipts as per maintenance agreement not in nature of rental income, assessable as income from other sources

February 2, 2016 1712 Views 0 comment Print

Delhi High Court held In the case of Abhishek Govil & Somya Salwan vs. CIT that the maintenance agreements expressly referred to the payments in question as “Maintenance and service charges”. A plain reading of the agreements also indicates that the said charges were payable as consideration for providing services mentioned therein.

Difference in opinion, whether gross total income eligible for deduction u/s 80HHC will be reduced by deduction already allowed u/s 80IA – SC

February 2, 2016 1684 Views 0 comment Print

Supreme Court held In the case of ACIT vs. M/s. Micro Labs Ltd. that – As per first thought of opinion, Section 80-IA (9) is quite unambiguous, which clearly provides that if an assessee claims any deduction under the provisions of Section 80-IA

Subsidy for wind power project being capital receipts neither taxable u/s 41(1) / 50 nor to be deducted in actual cost u/s 43

February 2, 2016 2202 Views 1 comment Print

ITAT Mumbai held In the case of M/s. UniDeritend Limited vs. ACIT that the subsidy being provided to the assessee to encourage the setting up of wind mill to promote generation of energy through non conventional sources, thus, is to be treated as capital receipt.

Municipal value is a bonafide method to determine ALV even if market value of rent is higher

February 2, 2016 4217 Views 1 comment Print

M/s NRB Bearing Ltd vs. Addl. Commissioner of Income Tax (ITAT Mumbai) Municipal rateable value cannot be rejected straightway.To reject the same, there must be reliable material on record.The market rate in the locality is an approved method for determining the fair rental value but it is only when the AO is convinced that the case before him is suspicious.

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