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Judiciary

Section 80HHC- SC Explains meaning of Turnover- Sale proceeds of scrap is not ‘turnover’

May 11, 2014 7290 Views 0 comment Print

So far as the scrap is concerned, the sale proceeds from the scrap may either be shown separately in the Profit and Loss Account or may be deducted from the amount spent by the manufacturing unit on the raw material, which is steel in the case of the respondent-assessee

Service Tax on Hotels & Restaurants Constitutionally Valid – Chhattisgarh HC

May 6, 2014 14453 Views 0 comment Print

i. Whether any service tax can be charged on a sale of an item or vice versa; ii. Whether in view of Article 366 (29A)(f) service is subsumed in sale of food and drinks; iii. Whether section 66E(i) of the 1994-Act is violative of Article 366 (29A)(f) of the Constitution.

Section 54/54F – Amount paid towards booking is to be treated towards ‘construction’

May 5, 2014 4110 Views 0 comment Print

Coming to a concomitant situation that if booking of flats does not tantamount to ownership of the house then how come the assessee claim that by booking a flat it has acquired ‘new house’ and becomes entitle for this exemption.

Sec. 234E TDS Fee- Bombay HC Grants Stay On Operation Of Notices

May 4, 2014 10869 Views 0 comment Print

Affidavit of service dated 10 April 2014 is filed indicating that Respondent nos.1 and 2 have received the notice on 31 March 2014 and 8 April 2014 respectively. Though served, none appears for Respondent nos.1 and 2.

No disallowance U/s. 14A for investment in shares of subsidiaries & Joint Ventures

May 4, 2014 4385 Views 0 comment Print

For the year under consideration the assessee has specifically raised a point before the AO that 97.82% of the investment is in the subsidiary companies and joint venture companies and, therefore, no expenditure was incurred for maintaining the portfolio on these investments

Instruction No. 3 of 2011 dated 9.2.2011 issued by CBDT has prospective effect

May 4, 2014 9813 Views 0 comment Print

Clause 11 of Instruction No. 3/2011 dated 9.2.2011 specifically states that “this instruction will apply to appeals filed on or after 9.02.2011. However, the cases where appeals have been filed before 9.02.2011 will be governed by the instructions on this subject

Technical infirmity, is of no practical significance if additions on merits cannot be sustained

May 3, 2014 1739 Views 0 comment Print

“As evident from a plain look at the ground of appeal, the actual grievance of the appellant is not on merits but on the legal issue regarding limitations on the powers of the CIT(A) on the ground that post 1st June 2001

Allhabad HC- Satisfaction note necessary for initiating 153C

May 3, 2014 2160 Views 0 comment Print

A bare perusal of the provision contained in Section 153C of the I .T. Act leaves no doubt that, as is provided under Section 158BD, where the Assessing Officer, while proceeding under Section 153A against a person who has been subjected to search and seizure under Section 132(1)

Adjustment in book profit for depreciation not permissible in depreciation amount is certified by the auditor

May 3, 2014 4578 Views 0 comment Print

It is an admitted fact that the assessee has changed the method of depreciation from straight line method to written down value method. Deprecation has been calculated in accordance with the new method from the date of assets coming into use.

Frequent large amount transactions in shares without separate books of accounts will lead to business income instead of STCG

May 3, 2014 1872 Views 0 comment Print

The assessee is engaged in business of auto spare pails and investment in bonds, mutual funds and other securities. The assessee filed his return declaring STCG on the basis that the shares were purchased with an intention of investment.

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