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Judiciary

Unaccounted Purchases in absence of discrepancy in stock records cannot be added to total income as unexplained investments

November 30, 2015 7785 Views 0 comment Print

The ITAT Bangalore in the case of M/s Sai Bhagwan Traders vs. ITO held that unaccounted purchases cannot be added to the total income as unexplained investments when there was no discreoency found in stock records.

Personal accountability with fine imposed on custom officials for non compliance of release order of goods

November 30, 2015 1211 Views 0 comment Print

Patna High Court held In the case of M/s Overseas Enterprises vs. The Union of India through the CC of Customs that there was absolutely no justification at all either on fact or in law in not giving effect to the order of the provisional release dated 28.03.2013.

Self declared income which otherwise not taxable as per law, cannot be taxed

November 30, 2015 1480 Views 0 comment Print

ITAT Delhi held In the case of Sh. Haripal Singh vs. ACIT that it is settled legal position that that there is no estoppels in law. If in law an item is not taxable, no amount of admission or misapprehension can make it taxable.

Trust cannot be denied exemption u/s 11 on mere payment made outside India

November 30, 2015 4846 Views 0 comment Print

ITAT Bangalore held In the case of DDIT (Exemptions) vs. Ohio University Christ College that it is not disputed that the services have been rendered by the faculty members from Ohio University in India as the classes were taken in Bangalore.

Keyman insurance policy expense is allowable expenditure u/s 37

November 30, 2015 1755 Views 0 comment Print

ITAT Amritsar held In the case of M/s Aaren Exports vs. DCIT that a Keyman insurance policy is to enable business organizations to insure the life of a Keyman in order to protect the business against the financial loss which may occur in the likely eventuality of premature death.

Books cannot be rejected only on the basis that qualitative and piece wise record of Diamonds not been maintained

November 30, 2015 924 Views 0 comment Print

ITAT held in Dy CIT Vs Ms Nevil Gems that if the assessee had maintained quantitative details of diamonds but had not qualitative and piece-wise details then in that case books of account could not be rejected

S. 50C Bonafide transaction without alleged higher receipt not covered

November 30, 2015 2539 Views 0 comment Print

Section 50C will get attracted only when there exists difference on the sale consideration and assessed value for the purpose of stamp duty by the authority of a state government. Where there is no material evidence that the assessee had received more than the fixed component from the developer,

Addition for alleged suppression of production based on mere variation in electricity consumption not sustainable

November 30, 2015 2080 Views 0 comment Print

ITAT Pune held In the case of ACIT vs. M/s. Nilesh Steel & Alloys Pvt. Ltd. that the consumption of the electricity for the manufacture of mild steel ingots/billets depends on various factors like quality of raw material which is the major input, voltage of the supply

Newspaper employee/ union competent to invoke Section 27 of Working Journalist Act, 1955

November 30, 2015 1368 Views 0 comment Print

Newspaper employee/its union are competent to invoke Section 27 of the Working Journalist Act, 1955 for the amount due including for recommendation of Wage Board accepted by Government of India.

Delhi HC restrains casansaar.com from continuing with infringement of copyrights

November 30, 2015 3215 Views 0 comment Print

In the case of Taxmann Allied Services Pvt. Ltd. Vs. Casansaar Web Solutions Pvt. Ltd. Honble Delhi HC granted ad interim injunction and restrained the defendant from continuing with the infringement of the plaintiff’s copyright in its editorial comments/case head notes.

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