No. Sec. 14A disallowance when assessee has deemed investment by virtue of merger and without using

IT : Where major part of investment came to assessee by virtue of a merger and without using loan fund, suo motu disallowance of interest in respect of balance part of investment made by assessee was justified

In writ jurisdiction, HC can’t interfere in finding of facts rendered by adjudicating authority

Service Tax : A finding rendered by adjudicating authority based on facts, even if incorrect, cannot be stated to be a 'jurisdictional aspect' warranting interference by High Court in its writ jurisdiction

SC: Limit on built-up area for shops u/s 80-IB isn't applicable to housing projects approved before

IT : Limit u/s 80-IB(10)(d) on built-up area in housing projects for commercial purpose not applicable to housing projects approved by local authorities and commenced prior to 01.04.2005 and completed by the stipulated date though such stipulated date falls after 01.04.2005

HC declined winding-up plea as signature and seal on docs as confirmation of supply was doubtful

CL: Where signature and seal on documents sought to be shown as confirmation of supply was doubted and writ petitioner could not convincingly show claim against company, Single Judge rightly declined to admit winding up petition

Kerala VAT : Activities in nature of buying, selling, supplying or distributing goods makes assessee

CST & VAT : Kerala VAT - Where activities of assessee were in nature of buying, selling, supplying or distributing goods, etc. for cash or deferred Payment, it would fall within meaning of 'dealer' under section 2(viii) and was consequently assessable to tax

No TDS on sum paid to foreign agent for rendering services outside India if it didn’t have any PE in

IT/ILT: Where assessee, engaged in business of strategic services, paid sales commission to non-resident agents for rendering services abroad, since said agents did not have PE in India, no taxable income accrued to them in India and, consequently, assessee was not required to deduct tax at source while making payments in question

Inter-corporate deposits non-recoverable due to merger of entities allowable as bad debts

IT : While computing depreciation under section 32, value of block of assets in case of resulting company should be written down value of assets of demerged company immediately before demerger

SC: Limit on built-up area for shops u/s 80-IB(10)(d) not applicable to housing projects approved be

IT : Limit u/s 80-IB(10)(d) on built-up area in housing projects for commercial purpose not applicable to housing projects approved by local authorities and commenced prior to 01.04.2005 and completed by the stipulated date though such stipulated date falls after 01.04.2005

Harayana VAT must incorporate provisions to exclude value of land from works contract: High Court

CST & VAT : Haryana VAT - Where assessee, a builder/developer, entered into agreements with prospective buyers to construct flats, etc. and thereafter sell same with some portion of land against valuable consideration, activity of assessee would be covered under term 'works contract' and Assessing Authority was to be directed to pass fresh assessment order

Uttarakhand VAT : No appeal would lie against refusal of officer to invoke discretionary power to re

CST & VAT: Uttarakhand VAT - Whether officer who was approached to invoke power under section 43(8) had declined to exercise power under section 43(8) and has rejected request to release goods under section 43(8), there being no direction directing release of goods within meaning of section 43(8), same was not appealable

Sum incurred towards leasehold improvements in a rented premise is a revenue exp.

IT : Loss suffered by assessee-broker on account of mis-deals on purchase and sale of shares by trading in derivatives in a recognized stock exchange could not be speculative loss and same was to be set off as business loss

Compilation of data and its transformation into e-book for foreign clients held as export of softwar

IT: Where assessee was collecting text, compiling material, designing same and exported it in form of computer software, assessee was entitled to claim benefit of section 10B

Process of sterilization of 'syringes and needles' for medical purposes does not amount to manufactu

Central Excise : Sterilization does not produce a transformation in 'syringes and needles' and does not lead to any value addition in said product; it merely removes bacteria which settles on syringe's and needle's surface and therefore, process of sterilization of 'syringes and needles' for medical purposes does not amount to manufacture

HC directs assessee to furnish bank guarantee instead of cash deposit for stay of tax recovery

CST & VAT : Maharashtra VAT - Where Assessing Authority held that activities of assessee fell within purview of sale and accordingly raised huge tax demand upon it, for stay of recovery of tax amount, assessee was directed to furnish bank guarantee of a Nationalised Bank to satisfaction of First Appellate Authority

E-seva provider has no TDS liability on commission paid by bank to retail merchant on issuing co-bra

IT: Where assessee e-seva provider and bank launched co-branded credit card, for commission paid by bank to retail merchant assessee would not have TDS liability

Trust’s case was rightly transferred to that State wherein its chairman was running educational inst

IT: Where certain undisclosed income was found in possession of Chairman of assessee-trust, in view of fact that he was deriving income from educational institutions run by trust as well as in his personal capacity, Assessing Officer was justified in transferring case of assessee-trust to officer having jurisdiction over Chairman's case