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Judiciary

Business loss can be set off against addition u/s. 68 or undisclosed income

August 28, 2014 5753 Views 0 comment Print

Once loss is determined, the same should be set off against the income determined under any other head of income including undisclosed income. Hon’ble ITAT Ahemdabad Bench in the case of M/s. K.R. Automobiles v/s ACIT in ITA No.1972/Ahd/2012 has held that business loss can be set off against the addition u/s.68 of the Act by observing as follows:-

Service tax not payable on goods used in repairing process on which Excise duty and VAT has been paid

August 25, 2014 6743 Views 1 comment Print

Whether the CESTAT has erred in holding that Service tax is not required to be paid on goods used in the repairing process on which Excise duty and VAT has been paid on the value of the said goods, ignoring the fact that as per the contract the respondents were under an obligation to replace the damaged parts and to maintain the transformers in a proper working condition.

Coal blocks allocated since 1993 is illegal: SC

August 25, 2014 1418 Views 0 comment Print

In the case of Manohar Lal Sharma Vs. The Principal Secretary & Ors., Honourable SC has held that entire allocation of coal block as per recommendations made by the Screening Committee from 14.07.1993 in 36 meetings and the allocation through the Government dispensation route

Purchases cannot be bogus for mere listing of supplier as hawala dealer

August 25, 2014 30709 Views 0 comment Print

ITAT Mumbai has in the case of Shri Rajeev G. Kalathil Vs. DCIT held that Purchases can not be termed as bogus by the AO merely because the supplier was listed as a hawala dealer by the Vat authorities.

Sec.138 of N.I.Act – Prosecution to be launched in Jurisdiction of court where cheque was dishonored- SC

August 24, 2014 11350 Views 0 comment Print

Honourable Supreme Court has held in the case of Dashrath Rupsingh Rathod Vs. State of Maharashtra & Anr. that all the pending cases of cheque bouncing under Negotiable Instrument Act to be transferred to the place from the cheque is issued.

HC Order allowing CA, CMA and CS to appear before VAT Authorities

August 24, 2014 5422 Views 0 comment Print

the writ petition, which has been admitted by an order passed the Division Bench on 6 August 2014, there is a challenge to the validity of Rule 73 of the U.P. Value Added Tax Rules, 2008 on the ground that they are ultra vires the provisions of the U.P. Value Added Tax Act, 2008 and the Advocates Act, 1961 insofar as it permits persons who are not Advocates ‘to appear and represent’ before the authorities established under the Act of 2008.

Disallowance U/s. 14A cannot exceed expenditure claimed as a deduction

August 23, 2014 5163 Views 0 comment Print

We find from the audit report that the expenses in respect of exempt income was shown at Rs. Nil,that the assessee had debited direct expenses on account of dematerialisation and STT in the capital account and in the profit and loss account,that AO had presumed that the assessee had must

Dividend Taxable if Company from whom it received has not paid dividend distribution tax

August 23, 2014 8840 Views 0 comment Print

Dividend is not exempt under Section 10(34) read with Section 115-O because the companies from whom the assessee received the dividend has not paid dividend distribution tax. His claim is that the dividend received by the assessee company is exempt on account of mutuality

Penalty cannot be levied merely because an amount is not allowed or taxed as income

August 23, 2014 24442 Views 0 comment Print

Hon’ble Supreme Court in the case of M/s Hindustan Steel Ltd. vs State of Orissa (1972) 83 ITR 26(SC) and decision of Hon’ble High Court of Delhi in Escorts Finance Ltd. (2009) 226 CTR (Del) 105 wherein it was held that where facts are clearly disclosed in the return

Reopening Reasons to believe must be based on new tangible materials

August 23, 2014 1736 Views 0 comment Print

The assessee argues that the expression reasons to believe under Section 147 refers to objective circumstances. In the present case, the assessment was completed under Section 143 (3) after notice was issued under Section 142 (1) was issued and explanation sought in respect of all relevant matters.

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