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Revised computation sufficient for mistake in currency conversion for computation of exemption U/s. 10A: HC

November 3, 2015 823 Views 0 comment Print

The Delhi High Court held in the case of E-Funds International India Private Limited v. PR. CIT, while dismissing the appeals of the Revenue that revised computation was sufficient in the place of furnishing revised returns as there was only a minor technical fault as the figure of USDs was not changed into Rupees while computing the deduction under section 10A.

Appeals filed by revenue without Proper reasons/explanations not maintainable: HC

November 3, 2015 589 Views 0 comment Print

CIT v Proctor and Gamble Home Products Ltd- Bombay HC observed that the appeals filed by the Revenue was in a very causal manner without indicating the basis of the challenge. Further, it was observed that Rule of law implies certainty of law.

Completion of reassessment without issue of reasons is invalid: HC

November 3, 2015 892 Views 0 comment Print

In the case of CIT v Trend Electronics, Bombay Court held that before issuance of reopening notice for assessment, the Revenue have to furnish the reasons for it. Otherwise, the notice will be considered as bad in Law.

No deduction of interest on arbitration award during stay period as no legally enforceable right exists

November 1, 2015 4042 Views 0 comment Print

ITAT Delhi held In the case of M/s National Agricultural Cooperative Marketing Federation of India Ltd. (NAFED) vs. JCIT that there is no qualitative difference between the two situations, viz., first, in which no enforceable liability to pay is created in the first instance, and second

Benefits under Indo-Singapore tax treaty cannot be denied where such income have taxed on accrual basis in treaty country

November 1, 2015 1919 Views 0 comment Print

ITAT Rajkot held In the case of GAC Shipping India Pvt. Ltd. vs. ITO – International Taxation that entire freight income of the assessee, which is only from operation of ships in international traffic, is taxable only in Singapore.

Rule 8D disallowance not applicable where assessee has no investments– ITAT

November 1, 2015 2420 Views 0 comment Print

ITAT Kolkata held In the case of DCIT vs. M/s G.K.K. Capital Markets (P) Limited that in case AO has not recorded satisfaction about the correctness of the claim of the assessee and straight away calculated the disallowance u/s 14A read with rule 8D, this disallowance is not maintainable.

No intervention of HC if CA Firm Demerger is as per ICAI Rules: HC

November 1, 2015 3830 Views 0 comment Print

Delhi High Court held In the case of Arun Khanna vs. The ICAI & ANR that the notice issued to the ICAI for demerger of the firms was as per the notified rules in this regard. As per these rules it is clear that no concurrence / acceptance from all partners is required and can be effected

Order of AO stands Null and Void in absence of proper jurisdiction

November 1, 2015 2293 Views 0 comment Print

In case of ITO Vs. M/s. Northern India Transport Company the Appellate Tribunal of New Delhi has held that Assessment Order Passed by the Assessing Officer having no jurisdiction to Assess the entity is null and void.

Clubbing of holding of different persons or Directors not permitted to determine substantial interest settlement application u/s 245C

November 1, 2015 1435 Views 0 comment Print

Delhi High Court held In the case of Rockland Hotels Ltd. vs. IT Settlement Commission that as per clauses (a)(v) and (a)(vi) of section 245C , only if a director of the petitioner companies has a substantial interest in the specified person (company), then, the petitioner companies

Surplus shown in books of accounts in normal course cannot be treated as undisclosed income: HC

November 1, 2015 852 Views 0 comment Print

Delhi High Court held In the case of DIT (Exemption) vs. All India Personality Enhancement & Cultural Centre for Scholars Society that he expression ‘undisclosed income’ would connote assets or income, which the Assessee believes to be taxable

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