Customs - Case Law - Commissioner of Customs (Sea), Custom House Versus M/s....
Classification - import of Non-alloy steel melting scrap consisting of skull - presence of slag and skull scrap in the consignment - whether the conclusion arrived at in the Final Order passed by the...
View ArticleIncome Tax - Case Law - Bhoruka Engineering Industries Ltd. Versus Deputy...
Colourable transaction - Exemption u/s 10(38) - long term capital gain - the assessee-company sold the holding of manority shares to M/s. DLF Commercial Developers Ltd. (DLF-CDL), which is a subsidiary...
View ArticleIncome Tax - Case Law - Krishak Bharati Co-operative Ltd. Versus Additional...
Section 14A of the Income Tax Act, 1961 Held that - Dividend income received from IFFCO-Tokyo General Insurance Co. Ltd. The assessee has not incurred any expenditure and hence, section 14A is not at...
View ArticleIncome Tax - Case Law - Bengal Hosiery Manufacturers Association Versus...
Exemption certificate under section 80G(5)(vi) of the Income Tax Act, 1961 - Charitable purpose - renewal of exemption certificate under section 80G(5)(vi) of the Income-tax Act, 1961 Alleged that...
View ArticleIncome Tax - Case Law - Bhumiraj Homes Ltd. Versus Deputy Commissioner of...
Deduction under Section 80IB(10) - Provisions of section 80-IB(10) were applicable only when project is approved as housing project and in the assessee s case it was residential as well as commercial...
View ArticleIncome Tax - Case Law - Deputy Commissioner of Income-tax Versus Savla Motor...
Rate of tax on LTCG - Section 112 of the Income Tax Act,1961 read with Section 48 of the Act - Long-term capital gains be worked out each transaction wise and tax should be charged at 10 percent or 20...
View ArticleIncome Tax - Case Law - Kishan Lal Versus Union of India Ohters 2013 (7) TMI...
Notice for reassessment u/s 148 - Bar of limitation u/s 149 - The two notices have been challenged on the ground that they have been issued after the period prescribed under Section 149 of the Act for...
View ArticleIncome Tax - Case Law - Sysarris Software Pvt. Ltd. Versus Deputy...
Reassessment - assesse contended that the very reopening of the assessment for the year 2006-07 is one without jurisdiction - Held that - The proceedings would squarely fall under section 147 - having...
View ArticleIncome Tax - Case Law - Indian Drugs and Pharmaceuticals Ltd. Versus. Union...
Validity of Notice u/s 143(1)(a) - Prima facie Adjustment Held that - if the Assessing Officer wanted to reject any expenditure for want of proof/evidence he should have issued notice and called for...
View ArticleIncome Tax - Case Law - Commissioner of Income-tax Versus M. I. Builders Pvt....
Validity of Notice u/s 148 - Whether the ITAT was right in law in holding that the notice issued under section 148 was without jurisdiction when the AO issuing the said notice had valid jurisdiction...
View ArticleIncome Tax - Case Law - COMMISSIONER OF INCOME TAX VERSUS BIRLA VXL LTD 2013...
Nature of Incentive from government scheme - Capital receipt or revenue receipt - Tribunal held incentive as capital receipt - Held that - said Scheme, it can be immediately noticed that the scheme was...
View ArticleIncome Tax - Case Law - THE KARNATAKA BANK LTD VERSUS ASSISTANT COMMISSIONER...
Depreciation on securities - Computation of income of Bank - Revenue held Assessee violated RBI guidelines - Tribunal declined to grant depreciation - Held that - method of accounting adopted by the...
View ArticleIncome Tax - Case Law - Commissioner of Income-tax - Versus Khambhatta Family...
Deduction u/s 37 - Expenditure done for advertising Rasna - Tribunal deleted disallowance u/s 37 - Held that - While examining a claim for deduction under section 37 of the Act, what has to be seen is...
View ArticleIncome Tax - Case Law - Commissioner of Income Tax Versus Jeeva Raja (Died),...
Unexplained investments - Name of parties to whom money advanced not disclosed at time of assessment - Tribunal deleted holding that assessee had produced materials regarding the income tax details of...
View ArticleIncome Tax - Case Law - Commissioner of Income Tax Versus Smt. Kamlesh Rani...
Undisclosed income - Bogus or genuine gifts - Tribunal held that Assessing Officer has failed to discharge the burden of proving that the gift is not genuine - Held that - It would be appropriate to...
View ArticleIncome Tax - Case Law - M/s. S. M. J. Housing Versus Commissioner of...
Penalty u/s 271(1)(c) - CIT deleted penalty that on date of search filing date for return not over - Tribunal confirmed penalty holding that even though the return was accepted, yet, the penalty...
View ArticleIncome Tax - Case Law - Vijay Kumar Sultania Versus Union of India Others...
Constitutional validity of amendments in Chapter XIX-A made by Finance Act, 2007 - Abatement of settlement application prior to amendment - Held that - The purported objective of the amendments...
View ArticleIncome Tax - Case Law - Dalmia Cement (Bharat) Ltd. Versus Commissioner of...
Additional cess and cess surcharge - Tax u/s 43B - CIT made disallowance u/s 43B holding that cess and cess surcharge is tax u/s 43B - Tribunal deleted disallowance - Held that - Finance Bill, 1988...
View ArticleService Tax - Case Law - TOPS SECURITY LTD VERSUS COMMISSIONER OF CENTRAL...
Plea for leniency assessee provided security services but did not paid service tax after adjudication pleaded for leniency - Held that - It is not a case where any leniency is merited or required to be...
View ArticleService Tax - Case Law - M/s. Forace Polymers Pvt. Ltd. Versus CCE ST,...
Rejection of refund claim assessee was engaged in the manufacture and export of PF Resin, FF Resin and Hardner - Held that - In absence of any amount shown on the transportation charges against the GTA...
View Article