IT : Assessee was entitled to claim of deduction under section 80-IA in respect of income relatable to power generated by its own wind mill that was consumed by assessee
Friday, 26 December 2014
Society receiving/lending money to its members only couldn’t be held as co-operative bank to deny se
IT: Where assessee was not a credit co-operative bank but a credit co-operative society, deduction under section 80P could not be denied by applying exclusion clause of sub-section (4) of section 80P
HC directs AO to levy tax on interest received from banks after deducting related exp. incurred ther
IT : Where Assessing Officer treated interest received from bank as income in hands of assessee and, he did not consider expenditure incurred in earning said income while computing income, matter was to be remanded back
No addition on basis of remand report by AO if he failed to verify authenticity of facts on merits
IT : Where Assessing Officer submitted remand report after a gap of more than six months and said report did not deal with merits submitted by assessee, addition was not to be allowed
Co. engaged in e-publishing business can't be chosen as comparables for ITES service provider
IT/ILT: A comparable company should be functionally similar and there should not be any extraordinary events like merger in said company during relevant year
All granite crushing units of one assessee must be treated as a single unit to levy VAT on compounde
CST & VAT : Kerala VAT : Where assessee was engaged in business of granite metal through operation of two granite crushing units and it opted to pay compounded tax under section 8(b) of Kerala VAT Act, both units should be treated as a single unit and computation of tax must necessarily be by reckoning all crushers employed in units
Every suit for recovery of money from Sick Co. doesn't require prior permission of BIFR, rules HC
SICA: Every suit for recovery of moneys does not require prior permission under section 22
Shareholder's name rightly struck off as transfer of shares in lieu of consideration hadn't proved t
CL : Where petitioner-shareholder had received sale consideration in respect of shares transferred in favour of respondents, petitioner was party to such sale transaction and had failed to prove that impugned transfer of shares was invalid, ineffective, void and ultra vires and, therefore, petititoner's name was removed from register of members of company for sufficient cause and she being not a shareholder/member on date of filing of petition under sections 397 and 398 was not eligible to file
SEBI does away with requirement of separate registration for acting as participant in multiple depos
SEBI/INDIAN ACTS & RULES : SEBI (Depositories and Participants) (Amendment) Regulations, 2014 – Amendment in Regulation 16 & Form E and Insertion of Regulation 20AB
CBDT issues new guidelines for compounding of offences
IT : Guidelines for Compounding of Offences under Direct Tax Laws, 2014
Sec. 127(3) denying hearing on transfer of case in same city won’t apply on transfer of case to othe
IT: Where case was transferred from one city to another city provisions of sub-section (3) of section 127 would not apply; opportunity of hearing to be granted
Assessee couldn't opt statutory remedy of filing appeal after its revision petition under Sec. 264 w
IT : Where assessee had failed to produce any documentary evidence with regard to proof of agricultural land and sale of agricultural produce in order to substantiate his claim that income was agricultural income claim of assessee could not be accepted
HC reduced penalty as assessee wasn't habitual defaulter and penalty was levied on it for the first
CST & VAT : Uttarakhand VAT : Where assessee had not deposited admitted tax along with returns and thereupon Tribunal imposed penalty at rate of 20 per cent, since it was stand of assessee that first time it was levied with penalty, rate of penalty was reduced to 15 per cent
CBEC allows transfer of cases admitted in SetCom to "call-book"
EXCISE & CUSTOMS LAWS : Inclusion of Cases Filed in the Settlement Commission in the Call-Book
Govt. notifies 'Reliance Retirement Fund' as pension fund for purpose of Sec. 80C deduction
IT : Section 80C(2)(XIV) of the Income-Tax Act, 1961 - Deduction in Respect of Life Insurance Premia, Deferred Annuity, Contributions to Provident Fund, Subscription to Certain Equity Shares or Debentures Etc. - Notified Pension Fund
Govt. notifies certain entities for purposes of Sec. 10(46) exemption
IT : Section 10(46) of the Income-Tax Act, 1961 - Exemptions - Statutory Body/authority/board/commission
Govt. announces Citizens/Clients Charter of Department of Economic Affairs
IT/CL : OTHERS : Citizens/clients Charter of Department of Economic Affairs (Ministry of Finance)
Govt. keen on bringing "Good Governance": takes up initiative to launch an e-book on "Good Governanc
IT/CL : OTHERS : E-Book on Good Governance : Ministry of Finance
'Dried Singhada' was exempt from tax as it was covered under 'Madhya Pradesh Vanijyik Kar Adhiniyam,
CST & VAT : M.P. Vanijyik Kar : Dried singhada was covered by Entry No. 16 of Schedule I of Madhya Pradesh Vanijyik Kar Adhiniyam and would be exempt from payment of tax
Order by Third Member of ITAT tantamounted to order of Special bench; division bench couldn't commen
IT: Where order is passed after referring matter to Third Member, it is an order as if it is passed by Special Bench; hence, Division Bench cannot comment upon it
SAT upheld penalty on appellants as they failed to make disclosure of acquisition and sale of one la
SEBI : Where appellant, a promoter, director and compliance officer of company, did not disclose about acquisition and sale of one lakh shares of company, there being violation of Regulation 13(4) of SEBI (Prohibition of Insider Trading) Regulations, 1992, SEBI was justified in imposing penalty on appellant
Rule 27 doesn't allow fresh relief before ITAT after it was denied by CIT(A) and it wasn't raised be
IT : Where assessee had failed to explain credit in question to be related to sale of goods; addition of said amount as cash credit was to be sustained
Share application money couldn't be treated as unexplained if shareholder conceded it as his investm
IT : Where share applicants of assessee-company had appeared when summons were issued and they had accepted their investment, share application money could not be treated as cash credit in hands of assessee
Manufacturer of paper insulated wire got sec. 80-IC relief as it was different from its raw material
IT: Where assessees were manufacturing paper insulated wires and strips of copper and aluminium which were different from its raw material, same was manufacture in terms of section 80-IC, hence assessee were eligible to deduction
Assessee wasn't entitled to interest on interest when interest was paid to him alongwith tax refund
IT: Where interest is paid along with amount payable as refund, there is no question of payment of interest on interest
No denial of sec. 11 relief to trust on alleged benefits accrued to interested persons without givin
IT: Without giving details of prohibited beneficiaries, exemption cannot be denied to a society, matter was to be readjudicated
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