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Judiciary

Service Tax on Transmission & exchange of financial messages

November 5, 2015 1450 Views 0 comment Print

In the case of Bank of Baroda VS Commissioner of Service Tax it was held that the service of transmission and exchange of financial messages falls under the category of Banking and Other Financial Services and service tax should be levied accordingly

Exemplary Cost to be imposed on Commissioner, if precedent not followed while filing appeal: Bombay High Court

November 5, 2015 2066 Views 0 comment Print

In a judgement dated 19-01-2015 in the case of CIT-8 Vs. Proctor and Gamble Home Products Ltd., the Hon’ble Bombay High Court while dismissing the appeal, passed stringent strictures and gave directions to the Revenue Authorities when the Revenue choose to persist with the Appeal

Section 54F do not stipulate purchase of new asset from sale proceeds of original capital asset only

November 4, 2015 5496 Views 0 comment Print

CIT Vs. Shri Kapil Kumar Agarwal (P&H High Court) -The issue that arises for consideration relates to whether the assessee in order to avail benefit of Section 54F of the Act is required to utilize the amount for the purchase of the new asset from the sale proceeds of the original capital asset only.

Additions for unexplained investment based on mere DVO report not sustainable

November 4, 2015 1590 Views 0 comment Print

ITAT Ahmadabad held In the case of ACIT vs. Shri Kanakkumar J. Jariwala that mere valuation report is not sufficient to conclude that the assessee has made unexplained investment. From perusal of the assessment

No TDS liability on assessee for mere reimbursement of expenses – ITAT

November 4, 2015 3298 Views 0 comment Print

ITAT Delhi held In the case of Luxmi Rice Mills vs. ITO that there is no TDS liability on the assessee on account of reimbursement of expenses. In the present case, the assessee reimbursed the expenses to the bank and the bank ought to have deducted the TDS when there was a contract in between the bank and the NBHC

Addition on account of stock received for Job work as unexplained stock is not permissible – ITAT

November 4, 2015 1920 Views 0 comment Print

ITAT Ahmadabad held In the case of ACIT vs. M/s. Vipan Industries that where there are records available to show that the excess stock found during the survey not belong to the assessee but infact was of the other party who has taken said premises on lease, addition is not justified.

S. 69C Addition not sustainable where subsequently payment to parties made through normal banking channels

November 4, 2015 2704 Views 0 comment Print

ITAT Ahmadabad held In the case of Mukesh Ashmal Bokadia vs. ITO that AO is not justified to make addition on account of purchases as this is not the situation because books of account have not been fully rejected, none of the parties has previously been proved as bogus

Loss on cancellation of forward contracts related to cancelled export orders is ordinary business loss

November 4, 2015 4139 Views 0 comment Print

ITAT Kolkata held In the case of Shri Jayant Kr. Bhura vs. ITO that the loss arising to the assessee upon cancellation of the forward contracts was referable to and related to the assessee’s export business and arose out of the export business.

Merely because assessment order of AO is Brief & Cryptic it cannot be considered as erroneous & prejudicial to revenue interest

November 3, 2015 1144 Views 0 comment Print

ITAT Chandigarh held in M/s. Ved Parkash Contractors Vs CIT that if the AO had passed brief and cryptic assessment order but had checked and verified all the related documents submitted by the assesse in reply to the questionnaire of the AO

Revenue Must have Tangible Material to initiate income escaping Assessment

November 3, 2015 3387 Views 0 comment Print

In the case of Coperion Ideal Private Limited v. CIT, Delhi High Court while giving the decision in the favour of the assessee, held that there should be some tangible material available with the Revenue, whenever they want to conclude that Assessee have escaped Assessment.

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