IT: Where assessee-society which was running a school, advanced an amount to its sister-trust for construction of building for educational purpose and Assessing Officer could not prove that said amount advanced was for non-charitable purpose, rejection of exemption under section 10(23C)(iiiad) was not justified
Saturday, 12 December 2015
No recovery of excise dues from purchaser if it had only bought assets of a wound up company
Excise & Customs: Where assessee had only purchased assets of a company which was ordered to be wound up and said company was not taken over as a running business, liability of past Central Excise dues payable by old company could neither be fastened nor be recovered from assessee
Educational unit infusing sense of patriotism in people is fulfilling its ancillary object; tax exem
IT: Educational unit infusing sense of patriotism in people is fulfilling its ancillary object; tax exemption available
Customs exemptions available for computing excise duty on DTA clearances by EOU
Excise & Customs : In case of DTA clearances by 100 per cent EOUs, excise duty is deemed equal to 'customs duty leviable'; therefore, in computing 'customs duty leviable', customs exemptions would be taken into account
Only a developer can claim deduction under sec. 80-IB(10) and not a work
IT: Where land owner having obtained necessary permissions from local authority for construction of residential project, sold said land to various purchasers who entered into separate construction agreements with assessee, it was a case of mere 'work contract' and thus assessee's claim for deduction under section 80-IB (10) was to be rejected
Revised monetary limits for filing appeals is applicable on pending cases as well
Excise & Customs : Since instructions under excise/customs/service tax law do not provide that revised monetary limits shall apply only to prospective appeals and not to already-filed appeals, any revision in monetary limits for filing appeal vide instructions under excise/customs/service tax law would apply to appeals posted before court on or after coming into force of said instructions
Issue of availability of simultaneous deductions under Sec. 80HHC and Sec. 80-IB referred to larger
IT : Division bench of Supreme Court refers matter to larger bench as there was difference of opinion as to whether assessee could claim simultaneous deductions under Section 80-IA/Section 80-IB and Sec 80HHC on same profits
HC denies to interfere with ITAT's order as it hadn't considered fresh evidence without hearing reve
IT : Where revenue challenged order of Tribunal on ground that Tribunal had considered fresh material without affording opportunity of hearing to them, but it was found that no fresh material was considered, no interference was called in Tribunal's order
SEBI asks DPs to convert eligible Demat accounts into 'Basic Services Demat Account'
SEBI : Facility for Basic Services Demat Account (BSDA)
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