February 2014

Section 48

Gujarat H.C : Where in course of assessment, Assessing Officer enhanced amount of taxable capital gain, in view of fact that there was no material on record indicating that sale consideration in excess of amount mentioned in sale deed was paid and, moreover, Assessing Officer could not substitute amount of FMV declared on basis of valuation report given by registered valuer, impugned addition was rightly deleted by Tribunal

High Court Of Gujarat CIT, Ahmedabad-III VS. Hiraben Govindbhai Patel Section : 48 Akil Kureshi And Ms. Sonia Gokani, Jj.

Section 179

Gujarat H.C : Where assessee was a director of a private company and Assessing Officer to recover unpaid tax dues of company proceeded against assessee and passed an order under section 179(1) upon him, since it was established from materials on record that there was no gross neglect, misfeasance or breach of duty on part of assessee in relation to affairs of company, impugned order passed under section 179(1) was liable to be quashed

High Court Of Gujarat Jashvantlal Natverlal Kansara Vs. ITO, Co. Ward -4(2) Assessment Year : 1998-99 Section : 179 Akil

Section 9, Sec. 194C, Section 195

AAR H.C : Payment made by assessee-TV Producer to non-resident company for line production services and line production services rendered in Brazil, necessary for stunts, conducted in Brazil, specifically fall under definition of work under section 194C and same will not be taxable without Permanent Establishment in India

Authority For Advance Rulings (Income Tax), New Delhi Endemol India (P.) Ltd., In Re Section : 9, 195, 194C Justice

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