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Judiciary

TP: Companies in production & sale of software products cannot be compared with those in development of software on contract basis

December 31, 2015 2458 Views 0 comment Print

ITAT Delhi held In the case of Avaya India (P) Ltd. vs ACIT that a perusal of the annual report of company reveals that the said company has made income from sale of license to the tune of more than Rs.1 crore,

Mere Collaboration agreement with Builder & subsequent receipt of Property and Sale cannot be termed as business

December 31, 2015 2051 Views 0 comment Print

The facts of the case are that the Assessee, (who died during the pendency of this appeal and is substituted by her legal representatives) was a housewife, having no source of income other than the pension of her deceased husband. The Assessee was the owner of property No. F-23, Hauz Khas, New Delhi wherein she was residing since 1956.

Assessee need not prove genuineness and credit worthiness of sub-creditor

December 31, 2015 4873 Views 0 comment Print

CIT Vs. Shiv Dhooti Pearls & Investment Ltd. (Delhi High Court) Assessee has indeed discharged its onus of proving the creditworthiness and genuineness of the lender (TIL). There was no requirement in law for the Assessee to prove the genuineness and credit worthiness of the sub- creditor, which is in this case was TCL.

Income Tax Prosecution can be launched if Assessee aged below 70 years at the time of commission of offence

December 31, 2015 12252 Views 0 comment Print

While hearing an appeal filed by Dabur India Ltd Promoter Pradip Burman in Black Money case related to undisclosed Bank Account maintained Outside India, Delhi High Court held that prosecution can be launched against him as at the time of commission of alleged offence

Compensation for loss of income-generating asset is not revenue in nature

December 31, 2015 1495 Views 0 comment Print

CIT Vs. Sharda Sinha (Delhi High Court) The Court concurs with the conclusion of the CIT (A) that the sum paid to the Assessee was to compensate for the abrupt loss of source of income and that the termination of contract had fatally injured the appellant’s only source of income for the last 20 years.

Reassessment for taxing Royalty at higher rate due to change in opinion not valid

December 31, 2015 637 Views 0 comment Print

The assessment under Section 143(3) was originally done on 19.12.2008. The notice under Section 148, which is impugned herein, has been issued beyond the period of four years from the end of the relevant assessment year.

Exemption u/s 10A available on undisclosed income surrendered during survey proceeding u/s 133A

December 30, 2015 1362 Views 0 comment Print

M/s Bridal Jewellery Mfg. Co.Vs. ITO (ITAT Delhi) In the present case, it is an admitted fact that the assessee was engaged in the manufacturing of jewellery, during the process of manufacturing on behalf of the customers

Inputs / Capital goods used in R&D and Quality Control Laboratory for input testing, final product samples eligible for Cenvat credit

December 30, 2015 9162 Views 0 comment Print

Subic Innovative Plastics (P.) Ltd. (the Appellant) had taken Cenvat credit on inputs and capital goods used in Research and Development (R&D) and Quality Control Laboratory situated in the factory premises.

Pre-delivery inspection charges and after sales service charges not includible in assessable value

December 30, 2015 3776 Views 0 comment Print

SC overruled the CESTAT Larger Bench decision in Maruti Suzuki case and held that pre-delivery inspection charges and after sales service charges are not to be included in assessable value- Commissioner of Central Excise, Mysore Vs. TVS Motors Company Ltd. [2015 (12) TMI 874 – SUPREME COURT]

Refund allowable where Service tax is paid twice by Appellant due to clerical error

December 30, 2015 1727 Views 0 comment Print

Refund is allowable where Service tax is paid twice by the Appellant due to clerical error and the same is proved by supporting documents- Tikaula Sugar Mills Ltd. Vs. CCE, Meerut-I [2015 (12) TMI 884 – CESTAT NEW DELHI]

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