Category Archives: Judgements

No Interest u/s 234B & 234C on income declared during survey – ITAT

By | April 29, 2017

Held Survey operation under section 133A of the Act was conducted at the business premises of the assessee on 5.3.2008 i.e. after close of the financial year relevant to the assessment year 2006- 07. Now the question arises whether the assessee as per the provisions of section 210 read with section 208 of the Act… Read More »

CBDT cannot insist on pre-deposit compounding fee without considering application for compounding: HC

By | April 29, 2017

Held The CBDT cannot arrogate to itself, on the strength of Section 279 of the Act or the Explanation thereunder, the power to insist on a ‘pre-deposit’ of sorts of the compounding fee even without considering the application for compounding. Indeed Mr Kaushik was unable to deny the possibility, even if theoretical, of the application… Read More »

Resorts liable to pay luxury tax on free accommodation services provided to its members

By | April 26, 2017

HIGH COURT OF KERALA Mahindra Holidays & Resorts India Ltd. v. Intelligence officer K. VINOD CHANDAN, J. W.P. (C.) NO. 20728 OF 2015 (M) MARCH  29, 2017 Mohan Parasaran, Sr. Adv., K. Ramakumar, Sr. Adv., and P.J. Philip, Adv. for the Petitioner. R. Venkataraman, Sr. Adv., P. Ravindranath, Smt. Ubaya Bharathi and Akhil Suresh, Advs.… Read More »

Non Deposit of Court fees due to Demonetization – Delay Condoned

By | April 25, 2017

Madhya Pradesh High Court Prashant Sahu Vs Vijay Kumar Chourasiya  Appeal Number : MCRC-3140-2017 Date of Judgement/Order : 10/04/2017 Shri K.P.Pathak, learned counsel for the applicant. Applicant filed a Criminal Complaint Case before the JMFC, Jabalpur. After affording the opportunity, the applicant could not deposit the requisite court fees and, therefore, vide order dated 17.1.2017,… Read More »

Sec. 68 AO cannot Examine Source of Source in Non-Share Capital Cases

By | April 25, 2017

ITAT Delhi ACIT, Vs Smt. Prem Anand  Appeal Number : I.T.A. No. 3514/DEL/2014 Date of Judgement/Order : 13/04/2017 Assessment Year : 2008-09 Ld. CIT(A) has rightly observed that the assessee is not required to explain source of source of the fund gets buttressed by the amendment made in section 68 with effect from 01.04.2013, which… Read More »

Measurement land Distance from Municipality -Tahsildar Certificate required

By | April 25, 2017

  Certificate of competent authority only can be relied for measurement of distance of land from Municipality ITAT Mumbai Asst. Commissioner of Income Tax Vs Mr. Alkesh Kanti Lal Patel  Appeal Number : I .T.A. No.4270/Mum/2015 Date of Judgement/Order : 03/04/2017 Assessment Year : 2011-12 We have observed that the assessee has claimed to have… Read More »

UP VAT Registration can’t be cancelled because of wrong Input Tax Credit claim

By | April 25, 2017

Allahabad High Court Sevak Enterprises Vs Commissioner, Commercial Tax  Appeal Number : Sales/ Trade Tax Revision No. – 146 of 2017 Date of Judgement/Order : 13/04/2017 UP VAT Act Act does not contemplate that if claim of Input Tax Credit (I.T.C.) is reversed the registration of a dealer could be cancelled in addition to reversal… Read More »

TDS on Land Acquisition amount is part of Compensation : SC

By | April 25, 2017

Supreme Court of India Baranagore Jute Factory Plc. Mazdoor Sangh (Bms) Etc Vs  Baranagore Jute Factory Plc  Appeal Number : Civil Appeal No. 4298- 4299 of 2017 Date of Judgement/Order : 21/03/2017 Leave granted. 2. The appellants are the petitioners/ applicants before the learned Single Judge in an application filed by them for taking appropriate… Read More »

Subsidy for Setting Up / Expansion of Industry is tax-free Capital Receipt

By | April 25, 2017

ITAT Delhi LG Electronics India Pvt. Ltd. Vs. ACIT  Appeal Number : ITA No. 2163/Del/2015 Date of Judgement/Order : 19/04/2017 Assessment Year : 2008- 09 It is an admitted position that the assessee treated the amount of subsidy as a capital receipt, but, did not reduce it from the value of fixed assets and eventually… Read More »

Share Trading Income cannot be treated as ‘Capital Gain, it is business income

By | April 25, 2017

ITAT Ahemdabad Income-Tax Officer Vs Manusi Securities Pvt. Ltd.  Appeal Number : ITA Nos. 2338 & 2339/Ahd/2011 Date of Judgement/Order : 10/04/2017  Assessment Year : 2007-08 & 2008-09 We notice that assessee company is engaged in the business of trading in securities. During the year assessee has shown the sale of securities as business receipts… Read More »