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2013 (7) TMI 72 - CALCUTTA HIGH COURT Validity of West Bengal Tax on Entry of Goods into Local Areas Act, 2012 questioned - whether the purpose for which the proceeds of Entry Tax was sought be spent could be treated as compensatory in nature? - Held that:- Utilization of the proceeds of Entry Tax under the impugned Entry Tax Act for the purpose specified in Sub-clause (g) of creating, developing and maintaining pollution free atmosphere in the concerned areas has remote connection, if not, no connection with developing and facilita... ... ...
2008 (5) TMI 681 - ITAT, BANGALORE The Tribunal upheld the CIT(A)'s decisions in various issues, including vacating the allocation of corporate expenses to s. 10A units due to lack of prescribed method, confirming that certain incomes should not be excluded from export turnover for s. 10A deduction, and directing the exclusion of specific items for s. 80HHC deduction. Additionally, the Tribunal clarified that deemed exports are not part of export turnover for s. 10A deduction and disallowed deduction under s. 80-IB for AMC receipts and sale of monitors. Foreign taxes were held not to be included in export turnover, and long-term capital loss on shares and interest under s. 234B and 234D were allowed and charged, respectively.
2007 (3) TMI 706 - PUNJAB AND HARYANA HIGH COURT Constitutional validity of the Haryana Local Area Development Tax Act, 2000 - levy and collection of tax on entry of goods into local areas for consumption, use or sale - individual service - Whether a levy is compensatory or not has to be decided with reference to the nature of the levy itself? - Violation of Article 301 - HELD THAT:- A perusal of statutory provisions shows that the levy of tax is on entry of goods into a local area for consumption, use or sale and the tax is payable by the imp... ... ...
2005 (12) TMI 84 - ALLAHABAD High Court The High Court ruled in favor of the assesses, determining that scholarship payments made to employees' children by the employer were exempt under section 10(16) of the Income-tax Act, 1961. The court rejected the Department's argument that the payments should be taxed as perquisites under section 17(2)(iii)(c), emphasizing that the scholarship amounts were not received by the assesses themselves but by their children. The court upheld the Tribunal's decision, concluding that the scholarship payments were rightfully excluded from the assesses' income, aligning with the provisions of section 10(16) of the Act.
Explanatory Notes on the provisions relating to direct taxes The Finance Act, 1992, introduced several amendments to direct tax laws in India, including changes to the Income-tax Act, Wealth-tax Act, Interest-tax Act, and Expenditure-tax Act. Key amendments include revised tax rates for various income categories, modifications to deductions and exemptions, and the introduction of new sections for specific tax treatments. The Act aimed to widen the tax base, simplify tax procedures, and provide incentives for savings and investments. Notable changes include the restructuring of capital gains taxation, adjustments in the treatment of partnership firms, and modifications to wealth and interest tax provisions. Additionally, the Act sought to enhance tax relief for specific groups, such as senior citizens and handicapped dependents, and streamline tax compliance for small businesses.
1976 (12) TMI 75 - ITAT JABALPUR The Tribunal ruled in favor of the appellant, canceling the penalty imposed under section 271(1)(c) of the Income Tax Act. It held that filing a revised return voluntarily, without prior detection by the department, substitutes the original return. The burden to prove concealment rested on the Revenue, which failed to establish that the appellant's actions warranted a penalty. The Tribunal emphasized that unless it is proven that additional income was disclosed only after detection by the department, concealing income in the original return does not justify a penalty under section 271(1)(c).
2022 (10) TMI 948 - Supreme Court Exemption u/s 11 - scope and amplitude of the definition charitable purpose - primary question which falls for consideration is the correct interpretation of the proviso to Section 2(15) charitable purpose includes relief of the poor, education, medical relief, preservation of environment (including watersheds, forests and wildlife) and preservation of monuments or places or objects of artistic or historic interest, and the advancement of any other object of general public utility - Interpretati... ... ...
2022 (9) TMI 1460 - ITAT BANGALORE Penalty u/s 271D - contravention of Sec. 269SS - loan is received from the Executive Directors to the Company, who are controlling the financial affairs of the Company - Was there there was reasonable cause u/s 273B? - HELD THAT:- As in this present case, the transaction between assessee company and its Executive Directors is on account to meet the urgent financial requirements of the company. Accordingly, it cannot be considered and there exist reasonable causes for accepting the money in cash ... ... ...
2022 (4) TMI 1022 - CALCUTTA HIGH COURT Reopening of assessment u/s 147 - recorded reason that the expenditure on account of payment in question as referral to doctors being an expense prohibited by law and is disallowable under explanation 1 to Section 37 (1) - HELD THAT:- Considering the submission of the parties, aims and object of the amended Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, Explanation 1 to Section 37 (1) of the Income Tax Act, 1961, Circular No. 5/2012 dated 1st April, 2012 i... ... ...
2022 (4) TMI 1525 - ITAT BANGALORE Penalty u/s. 271D - receipt of the amount exceeding Rs.20,000 in cash - amount having been received from the trustee - main contention of the ld. AR is that the transaction is genuine and it is not found that the loan has been taken out of unaccounted cash from the managing trustee - HELD THAT:- In the present case, the assessee s plea that in view of the intention of the legislature while enacting the provisions of s. 269SS and 269T as well as 271D and 271E, which, as explained in Circular No. ... ... ...
2022 (2) TMI 1114 - Supreme Court Business expenditure under Section 37(1) - pharmaceutical companies gifting freebies to doctors, etc . - what is prohibited by law ? -agreement between the pharmaceutical companies and the medical practitioners in gifting freebies for boosting sales of prescription drugs - HELD THAT:- It is a settled principle of law that no court will lend its aid to a party that roots its cause of action in an immoral or illegal act (ex dolo malo non oritur action) meaning that none should be allowed to profit... ... ...
2019 (9) TMI 909 - ITAT AHMEDABAD Exemption u/s 11 - charitable activity u/s 2(15) - providing healthcare facilities and imparting medical education and training - with a view to corporatize the hospital the management of the charitable activity was handed over to SCPL - HELD THAT:- CIT(A) has correctly held that the activity of the trust to carried on in accordance with its objects and in the best interest of charity, therefore, the exemption u/s. 11(1)(a) has rightly allowed by the CIT(A). Similarly, the CIT(A) has clearly hel... ... ...
2019 (8) TMI 819 - AUTHORITY FOR ADVANCE RULING, MAHARASHTRA Nature of activity - supply or not - classification of supply - supply of goods or supply of services - contributions from the members in the Administration Account, recovered for expending the same for the weekly and other meetings and other petty administrative expenses incurred including the expenses for the location and light refreshments - Principles of Mutuality - taxable person or not - person responsible under GST, as office bearers - collection of funds under common pool and spending ba... ... ...
2019 (4) TMI 1509 - ITAT DELHI Transfer Pricing Adjustment u/s 92CA - payment of model fee - royalty - export commission - operating profit/sales ratio of the assessee @ 12.91% is higher than the average of the operating profit ratio of comparable companies, i.e., (-) 21.97% - TNMM - HELD THAT:- The facts of the present assessment year are identical with that of the [ 2018 (7) TMI 208 - ITAT DELHI] . No distinguishing facts were placed on record by the Ld. DR. The payment of model fee is a consideration in terms of agreement ... ... ...
2019 (1) TMI 1674 - ITAT MUMBAI TP adjustments - Arm s Length price - marketing expenses - cost allocation of Central Service Charges - corresponding expenditure of comparable companies - common service center services provided by AE - the cost incurred thereon would have to be shared by all the participant countries including the assessee-company in the ratio of turnover. These services are in the nature of shared services and are therefore customized for the Abbott group. Held that:- the assessee obviously had to incur certa... ... ...
2018 (11) TMI 1426 - ITAT CHENNAI Exemption claimed by the assessee u/s.11 - educational institution - AO observed that:- assessee is collecting amounts in excess of the prescribed fees from students - Capitation fee accepted in the garb of donation was claimed as corpus donations - Donations were increasing on an year to year basis and corresponding increase in corpus fund - A large number of parents had confirmed that donations paid by them were nothing but capitation fee - Surplus generated by the assessee - price for selling... ... ...
2018 (10) TMI 604 - ITAT DELHI Levy of interest u/s 201(1)/201(1A) and penalty u/s 271C - failure to deduct TDS - production of certificate that relevant taxes have been paid by the deductee of the hospital - TDS liability u/s 194J - TPAs making the payments on behalf of the insurance company to the hospitals over settlement of medical insurance claim etc. under various schemes - Circular No. 8/2009 issued by CBDT clarifying the issue. The assessee, after the CBDT Circular came into force made very herculean effort for obtain... ... ...
2018 (7) TMI 208 - ITAT DELHI Addition of Transfer Pricing Adjustment u/s 92CA - MAM selection - Held that:- Since the operating profit ratio of the assessee @ 10.99% is higher than the average of the operating profit ratio of comparables companies, i.e., 10.79%, the international transactions entered into by the assessee were considered as having been entered at arm’s length price, applying TNMM. From the records it can be seen that the assessee has not sold any products to the associated enterprises on which royalty was pa... ... ...
List of Exempted supply of services under the CGST Act The notification outlines services exempted from the Central Goods and Services Tax (CGST) under the CGST Act, 2017. It includes a comprehensive list of services such as charitable activities, government services related to public functions, educational and healthcare services, transportation, and insurance schemes. Specific exemptions are provided for services like those offered by old age homes, public libraries, and certain sports events. The notification also details conditions under which these exemptions apply, aiming to facilitate public interest and promote various sectors by reducing the tax burden on essential and charitable services.
2017 (2) TMI 926 - Supreme Court Possession of disproportionate assets / surplus income by former Chief Minister of the State of Tamil Nadu and the co-accused - Charge under Sections 120B and 109 of Indian Penal Code, 1860 read with Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 against A1 confiscation of properties, both movable and immovable as per Trail court set aside by HC [2015 (5) TMI 463 - KARNATAKA HIGH COURT] - Held that:- The offences at the trial were under Sections 13(1)(e), 13(2) of the Act,... ... ...
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