Follow Us:

Judiciary

Revenue cannot have access to data in laptops pertaining to third parties unconnected with person searched

May 18, 2015 1511 Views 0 comment Print

The petitioner was a firm of auditors. During the course of search and seizure operations conducted against EMAAR, the laptop computers of two employees of the petitioner, who were conducting an audit of EMAAR, were seized by the Deputy Director.

Statement recorded u/s 133A during survey, cannot be taken as evidence to make addition to income

May 17, 2015 5993 Views 0 comment Print

The statement recorded by an officer on oath will be used as evidence in any proceeding, whereas statement recorded u/s. 133A has not given any evidentiary value because it was recorded by the authority, which has not been empowered to administer the oath to the assessee and take sworn statement.

SC on Principles for Formation of opinion for issuing warrant of authorization U/s. 132

May 17, 2015 5288 Views 0 comment Print

The issues that arise in the present appeal lie within a short circumference. As the warrant of authorization under Section 132, which is required to be founded on a reasonable belief of the authorized official regarding the existence of the conditions precedent to the exercise of the power to issue the same

Addition on account of ‘notional interest’ on loan given by assessee not justified

May 15, 2015 8976 Views 1 comment Print

In the absence of any specific provision under which the so called notional income on advances, could be brought to tax, we do not see as to how the impugned orders passed by the Commissioner of Income Tax can be sustained.

In absence or Provisions in Income Tax addition for Notional Interest not justified

May 15, 2015 1687 Views 0 comment Print

The case of the assessee is that they did not charge interest on that advance and in consideration of the same the assessee got the premises it a very low rent of rupees two per sq feet in a prime locality of Calcutta.

Consideration bifurcated for negative covenants in share purchase agreement is not chargeable to tax

May 15, 2015 992 Views 0 comment Print

Punjab & Haryana High Court held In the case of CIT vs. Smt. Usha Saboo that although the agreement did not bifurcate the consideration towards the various covenants in the agreement, the assessee was entitled to bifurcate the same and apportion a part thereof towards the negative covenants.

Reopening based on mere information received from Income Tax Investigation Wing not valid

May 15, 2015 2694 Views 0 comment Print

We have considered the rival submissions carefully and perused the order of the AO and the CIT(A). In this case of the assessee original assessment was framed in scrutiny assessment u/s 143(3) of the Act. Thereafter the completed assessment was sought to be reopened by the AO by issuance of the notice u/s 148 on the assessee on basis of reopening

Exemption cannot be denied merely for claim under wrong section

May 15, 2015 4662 Views 0 comment Print

Annam Software Pvt. Ltd. vs. CIT (ITAT Chennai) Assesse, an EOU, filed its return claiming exemption u/s 10 B. A.O. rejected assesse’s claim. In appellate proceedings , assesse raised a plea that in relevant year it had claimed deduction u/s 10 A

SC upholds constitutional validity of NCLT

May 15, 2015 6647 Views 0 comment Print

MADRAS BAR ASSOCIATION Vs. UNION OF INDIA & ANR. (Supreme Court) The petitioner felt aggrieved by that part of the judgment vide which establishments of NCLT and NCLAT was held to be Constitutional.

MAT provisions in s. 115JB do not apply to foreign companies

May 15, 2015 2246 Views 0 comment Print

The MAT provisions were introduced in statute by the Finance Bill, 1996 and the Finance Minister while introducing this provision observed that the company engaged in the power and infrastructure sector will remain exempt from the levy of MAT.

Search Post by Date
June 2026
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
2930