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Highlights / Annotations / Catch Notes For May

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Showing 5051 to 5100 of 6674 Records

1 ....98 99 100 101102103 104 105 106........ 134

May 5, 2016 Case Laws Income Tax

Disallowance of cash payments u/s 40A(3) - making additions by invoking the provisions of section 40A(3) of the Act amounts to double additions which is not permissible.....
May 5, 2016 Case Laws Income Tax

Reopening of assessment - AO has mechanically issued notice u/s. 148 of the Act, on the basis of information allegedly received by him from the Directorate of Income Tax....
May 5, 2016 Case Laws Income Tax

Jurisdiction of DCIT - not only DCIT had the necessary jurisdiction to do an assessment on the assessee, but assessee by virtue of not objecting to such jurisdiction......
May 5, 2016 Case Laws Income Tax

TDS u/s 195 - applicability of TDS - incidence of tax unless the recipient of income has a tax liability in respect of such payments, the person making the payment......
May 5, 2016 Case Laws Income Tax

Capital gain computation - year of assessment - no weightage can be given to a notarized agreement to sell executed between the parties in preference to registered sale.....
May 5, 2016 Case Laws Income Tax

A sum which has already been disallowed u/s 40A(7) and as such any further disallowance u/s 43B is absolutely unjustified and untenable - AT
May 5, 2016 Case Laws Income Tax

Depreciation on software - “primavera” is not actually installed within any manufacturing machinery and is a web based tool for top management for review etc. and......
May 5, 2016 Case Laws Income Tax

Allowance of hoarding expenses - capital expenditure or revenue expenditure - deduction on account of hoarding expenditure being in the nature of revenue expenditure allowed - AT
May 5, 2016 Case Laws Income Tax

Depreciation on advertising hoarding structures - treated as permanent structures embedded in the building having foundation being erected and constructed by the......
May 5, 2016 Case Laws Income Tax

Amount of difference between the market value of the shares issue under ESOP allotted to the employees debited to the profit and loss account in accordance to SEBI......
May 5, 2016 Case Laws Income Tax

Income from sale of shrink wrap software - consideration received by the Assessee for software was not royalty. The receipts would constitute business receipts in the......
May 5, 2016 Case Laws Income Tax

PMS expenses paid to portfolio managers being management expenses incurred with respect to securities / funds of the assessee being managed by portfolio managers are not....
May 5, 2016 Case Laws Income Tax

Levy of interest under sec. 201(1A) - non deduction of tds u/s 192 - Liability to interest arises only, when such tax was deductible u/s 192(3) and not u/s 192(1) -......
May 5, 2016 Case Laws Income Tax

Short term capital gains OR business income - no transaction carried out in more than ½ of the relevant previous year - CIT(A) rightly treated assessee’s profits as......
May 4, 2016 Case Laws Service Tax

If it is established that the gross receipt of service charges is lesser than the gross service charges on which service tax was paid then the excess paid service tax is....
May 4, 2016 Case Laws Service Tax

Cenvat credit on input services used in trading activity availed - the suppression of fact involved only in the first show cause notice - But no such allegation can......
May 4, 2016 Case Laws Service Tax

The claim of the appellant that of a pure agent seems to be without any evidence as there is no dispute that the appellant had charged additional amount other than the......
May 4, 2016 Case Laws Service Tax

If any amount is deposited during the proceedings of the demand case, refund shall arise only when the demand case is finally decided in favour of the assesse - in any......
May 4, 2016 Case Laws Service Tax

Refund - unjust enrichment - Merely because the amount was shown as expenditure it cannot be concluded that the burden of tax has been passed on to other indirectly - AT
May 4, 2016 Case Laws Customs

If the Department relies upon any document that they do not furnish to appellant, the appellant can always challenge the order in original passed thereafter, on the......
May 4, 2016 Case Laws Customs

Once the Department takes a stand that they are not relying upon certain documents mentioned in the show cause notice, there is no way the Department can be compelled to....
May 4, 2016 Case Laws Customs

Condoantion of delay in filing an appeal - delay of 18 days - When a specific limitation has been prescribed under the Act, the petitioner should have filed an appeal......
May 4, 2016 Case Laws Customs

Service of notice would have to be effected on the owner of the goods personally or through agent so specifically authorized to accept and the right of owner of goods......
May 4, 2016 Case Laws Customs

CHA - Confiscation/seizure of goods would not fall within the meaning of “import of goods” as used in Section 146 of the Act and Regulation 2(c) of the Customs Broker......
May 4, 2016 Case Laws VAT and Sales Tax

Non-submission / Delayed submission of 'C' Forms - CST - If on sufficient cause, the Petitioner satisfies the requirements of law, then the claim cannot be rejected......
May 4, 2016 Case Laws Indian Laws

Mere registration of ECIR against the suspects of offence under Section 3 of PMLA cannot go to mean that such persons are accused under Section 3 of PMLA, when an ECIR......
May 4, 2016 Case Laws Income Tax

Amount received covered u/s 10(3) - Revenue has been unable to make out a case for treating the said receipt as of a casual and non-recurring nature that could be......
May 4, 2016 Case Laws Income Tax

Transfer pricing adjustment - computation of the operating profit margin by increasing the cost of the sales leads to an arbitrary adjustment of the Assessee's income......
May 4, 2016 Case Laws Income Tax

TDS liability - No occasion to deduct tax at source in respect of the payment made to the nonresident agent - The income of nonresident commission agent cannot be......
May 4, 2016 Case Laws Income Tax

AO discussed the amount of undisclosed income but did not make any addition - CIT(A) simply confirmed the addition without enhancing the order - the addition of a sum......
May 4, 2016 Case Laws Income Tax

Reopening of assessment - The reasons cannot be supplied subsequent to the recording of such reasons either in the form of an order rejecting the objections or an......
May 4, 2016 Case Laws Income Tax

Remand orders - remand is not a power to be exercised in a routine manner and should be used fairingly as an exception only when the facts warranted such course of......
May 4, 2016 Case Laws Income Tax

Reopening of assessment - Jurisdiction - the question of an ITO who is not the AO who passed the original assessment order u/s 143 (3) for particular AY, exercising the.....
May 4, 2016 Case Laws Income Tax

The policy of non filing and of not pressing and/or withdrawing admitted appeals having tax effect of less than ₹ 20 lacs has been specifically declared to be......
May 4, 2016 Case Laws Income Tax

Deduction u/s. 35AD - mere usage of the warehousing facility for captive purposes would not disentitle the assessee from the claim of deduction u/s. 35AD - AT
May 4, 2016 Case Laws Income Tax

Benefit of proviso to section 112(1) on sale of the equity shares - tax is payable in respect of income arising from transfer of a long-term capital asset which is......
May 4, 2016 Case Laws Income Tax

Set off of Unabsorbed depreciation as on April 1, 1997 can be set off against the income from any head for the immediate assessment year following April 1, 1997......
May 4, 2016 Case Laws Income Tax

Disallowance u/s 14A - no addition can be made for interest apportioned towards exempt income, out of the interest paid, under rule 8D(2)(ii) of the Rules. - AT
May 4, 2016 Case Laws Income Tax

MAT - Computation of book profit u/s. 115JB - lease rent equalization charge cannot be said to be an unascertained liability - AT
May 4, 2016 Case Laws Income Tax

MAT u/s 115JB - assessee is entitled to reduce an amount on account of withdrawal from the provision for ESOP from the taxable book profit in the working of MAT - AT
May 4, 2016 Case Laws Income Tax

Disallowance of commission payment - disallowance merits deletion as these payments have been made by the assessee on behalf of its clients and, hence, the same does not....
May 4, 2016 Case Laws Income Tax

If the assessee has converted capital asset into stock in trade in prior years, then part of the profit arising on sale of land, shall be chargeable to tax under the......
May 4, 2016 Case Laws Income Tax

Bogus purchases of goods - When the entire purchases made from TTPL was available as stock as at the year end, then the disallowance of purchases should result in......
May 4, 2016 Case Laws Income Tax

Interest on housing loan u/s 24 - The use of the word "or" in between acquired and constructed makes it clear that the property can either be acquired or constructed......
May 4, 2016 Case Laws Income Tax

Disallowance of expenditure - taking over of the loan or discharge of the loan - it is for the business purpose of the assessee and, hence, revenue in nature and cannot.....
May 4, 2016 Case Laws Income Tax

Interest-free advance to subsidiary company - Nexus has been established by the assessee and when there is no interest burden on the assessee by virtue of the loan......
May 4, 2016 Case Laws Income Tax

Exemption u/s 54 - assessee has utilized the entire capital gains within the period of one year but due to certain circumstances beyond the control of the assessee, the.....
May 4, 2016 Case Laws Income Tax

Addition on account of software purchase - software was purchased and subsequently sold to customer and was not used by the assessee - addition deleted - AT
May 4, 2016 Case Laws Income Tax

Depreciation on application of software at lower rate - The actual cost of assets acquired from TGSL to be considered in terms of Explanation 3 to section 43(1) of the......
May 4, 2016 Case Laws Income Tax

Allowance of expenditure in respect of preliminary expenses under section 35D - an apparent extension or expansion must take place by establishing new undertaking - The.....

1 ....98 99 100 101102103 104 105 106........ 134

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H: Revision: Hospital receipts verified, partial refunds & fees paid subs...

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H: Sale-purchase loss disallowed unreasonably by tax officer, commercial ...

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