Sec 195 TDS on Payment to celebrity outside India Summary : Sec 195 TDS on Payment to celebrity outside India is applicable The celebrity was to make an appearance in UAE event but admittedly the event was for below the line publicity in India. we are of the considered view that the income embedded in… Read More »
Tax dues recovery from Director is not valid, if could be recovered from Company : HC There is no whisper of any steps having been taken against the Company for recovery of the outstanding amount. Even in the impugned order, no such details or information has been staled. HIGH COURT OF GUJARAT Sonal Nimish Patel… Read More »
No 194C or 195 TDS if export freight paid to shipping agent of non-resident HIGH COURT OF GUJARAT Principal Commissioner of Income-tax-14 v. Summit India Water Treatment and Services Ltd. J.B. PARDIWALA AND BHARGAV D. KARIA, JJ. R/TAX APPEAL NO. 830 OF 2019 FEBRUARY 3, 2020 Mrs. Mauna M. Bhatt for the Appellant. ORDER Bhargav D. Karia, J.… Read More »
AO to check whether society had license to do banking business for Section 80P Claim IN THE ITAT CHANDIGARH BENCH ‘A’ Co-operative House Building Society Ltd. v. Deputy Commissioner of Income-tax SMT. DIVA SINGH, JUDICIAL MEMBER AND SMT. ANNAPURNA GUPTA, ACCOUNTANT MEMBER IT APPEAL NOS. 1006 (CHD.) OF 2017 & 1598 (CHD.) OF 2018 [ASSESSMENT YEARS… Read More »
No Reassessment if assessee disclosed material facts in ITR :HC HIGH COURT OF GUJARAT Jivraj Tea Ltd. v. Assistant Commissioner of Income-tax, Circle 1(1)(2) J.B. PARDIWALA AND BHARGAV D. KARIA, JJ. R/SPECIAL CIVIL APPLICATION NO. 20820 OF 2018 JANUARY 27, 2020 Hardik V. Vora for the Petitioner. Mrs. Kalpanak Raval for the Respondent. ORDER J.B. Pardiwala, J. – Rule returnable forthwith.… Read More »
Section 68 Addition if Creditor has sufficient Funds in Bank Accounts The assessee had discharged its onus of proving identity of the creditors, genuineness of the transactions and credit-worthiness of the creditors which finding of fact stood affirmed by the Tribunal. HIGH COURT OF BOMBAY Principal Commissioner of Income-tax-1 v. Ami Industries (India) (P.) Ltd.… Read More »
Govt Circulars not binding upon Courts “It is well settled proposition of law that Circulars and instructions issued by the Central Board of Excise and Customs are no doubt binding in law on the authorities under the respective Statutes but when this Court or the High Court declares the law on the question arising for… Read More »
TDS if export freight to shipping agent HIGH COURT OF GUJARAT Principal Commissioner of Income-tax-14 v. Summit India Water Treatment and Services Ltd. J.B. PARDIWALA AND BHARGAV D. KARIA, JJ. R/TAX APPEAL NO. 830 OF 2019 FEBRUARY 3, 2020 Mrs. Mauna M. Bhatt for the Appellant. ORDER Bhargav D. Karia, J. – This Tax Appeal is filed at the… Read More »
Interim stay on Income Tax demand on deposit of further sum by assessee : HC HIGH COURT OF MADRAS Suneel Hirachand Shah v. Income-tax Officer, Non Corporate Circle 6(1) N. KIRUBAKARAN AND P. VELMURUGAN, JJ. T.C.A. NO. 11 OF 2020 C.M.P. NO. 368 OF 2020 JANUARY 20, 2020 R. Sandeep Bagmar for the Appellant. T. Ravi Kumar, Sr. Standing… Read More »
No Cancellation of trust’s registration if no finding that activities of trust not genuine Goa Industrial Development Corporation v. Commissioner of Income-tax M.S. SONAK AND SMT. M.S. JAWALKER, JJ. TAX APPEAL NO. 2 OF 2013 FEBRUARY 4, 2020 Pramod Vaidya and H.D. Naik, Advs. for the Appellant. Tulajappa Kalburgi, Jr. Standing Counsel, for the Respondent. JUDGMENT M.S. Sonak, J.- The learned counsel… Read More »