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Judiciary

Investment for Leveling and filling of new agriculture land cannot be Claimed as exemption U/s 54B

June 19, 2015 3150 Views 0 comment Print

Appeal of the revenue stands allowed and only the cost of theland has to be considered for calculating exemption u/s 54B no other expenses will be taken into account. So ITAT disallowed the expenses of leveling and filing of land and set aside the order of CIT(A) and restore that of A.O on this issue.

ITR of politicians cannot be provided under RTI unless its in in Public Interest

June 19, 2015 2556 Views 0 comment Print

The sole issue in the present writ petition is whether information related to income-tax returns of politician can be provided to any individual in purview of proviso of section 8 (1) (j) of the Right to Information Act, 2005. Whether the petitioner is entitled to the information

Trade discount quantified subsequent to clearance is an admissible deduction from transaction value – HC

June 19, 2015 3550 Views 0 comment Print

In the case of M/s Shyam Steel Industries & Anr. Vs. Deputy Commissioner of Central Excise and Service Tax & Ors, it was held by Calcutta High Court that discount of any type made known prior to the clearance of the goods but quantified subsequently

Penalty not leviable if incorrect claim admitted by assessee on pointing out the same by the audit and the mistake was bonafide

June 18, 2015 861 Views 0 comment Print

It is only in cases duty is determined coupled with the fact that the duty is evaded by a reason of fraud, collusion or any willful mis-statement or suppression of facts or contravention of any of the provisions of this Act or the rules made there under with intent to evade payment of duty

Consultancy services and Independent personal services in the context of a DTAA explained

June 18, 2015 10961 Views 0 comment Print

Since the income of CGS International and Marble Arts & Crafts can only be classified under Article 14 or Article 22 of the DTAA – both of which provide that the income shall be taxable in the State of residence (UAE)–the issue as to whether the services provided by the two UAE entities fall within the scope of professional services under Article 14 is irrelevant to the outcome of this case.

Mere denial by RBI to Register Assessee as NBFC do not change nature of business income to Income from Other Sources

June 18, 2015 2151 Views 0 comment Print

Permission/denial by the RBI to register an assessee as NBFC does not decide the issue of carrying of business or make the business illegal. We hold that the interest income earned by the assessee has to be taxed under the head business income and all the expenses related with it have to be allowed.

Vend fee paid by assessee to Government, even if of the nature of ‘privilege fee’ falls within the expression ‘fee by whatever name called’

June 18, 2015 5156 Views 0 comment Print

The Assessee contented that the so-called vend fee in the present case is nothing but a consensual arrangement by which ultimately machinery and equipment used by sugar mills which were very old and which require urgent repair / replacement could be so repaired or replaced.

Registration u/s 12AA cannot be denied by invoking provisions of section 2(15)

June 18, 2015 2078 Views 0 comment Print

Once the registration u/s 12AA granted to trust and the activities of the trust are genuine and as per object of the trust, CIT or any other authority empowered in this behalf cannot cancel registration on ground of involvement of trust in any activity other than charitable purpose.

Valuation by DVO cannot upper hand over actual consideration of acquired property without any contrary material

June 18, 2015 1267 Views 0 comment Print

There is undoubtedly no material available to even remotely reflect that consideration over and above what was shown to be paid in the registered sale deed of the said property was made over to the seller. In these circumstances, it was not fair in the first place to refer the said property for estimation of its market value by DVO.

No new material besides full and true disclosure, reassessment u/s 148 is not justified

June 18, 2015 1318 Views 0 comment Print

In the recent judgment of the Hon’ble jurisdictional High Court in the case of Madhukar Khosla vs. ACIT (supra), the Hon’ble Court has held that ‘if there is no reason to believe that the income has escaped assessment based on new tangible material, then the reopening of assessment amounts to impermissible review’.

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