Month: March 2018

Madras H.C : he is merely a Non-Executive Chairman of the Board of Directors of the Company and not at all in charge or control of the day-to-day affairs and operations of the Company, which is professionally managed by its Managing Director and other Managerial Personnel

High Court Of Madras Kalanithi Maran vs. Union Of India And Another Section 2(35), 276B, 131, 201 M. Duraiswamy, J. W.P.No.34010 of 2014 & M.P.No.1 of 2014 28th March, 2018 Counsel Appeared: P.S. Raman Senior Counsel, M. Sneha for the Petitioner.: G. Rajagopalan, Hema Muralikrishnan for the Respondent ORDER The petitioner has filed the above writ …

Gujarat H.C : The Income Tax Appellate Tribunal was justified in restoring the matter back to the Assessing Officer for deciding the allowability of deduction under section 35(2AB) of the Income Tax Act, 1961?”

High Court Of Gujarat Banco Products (India) Ltd. vs. DCIT Section 35(2AB) Akil Kureshi & B.N. Karia, JJ. R/Tax Appeal No. 1057 of 2017 26th March, 2018 Counsel Appeared: B S Soparkar (6851) for the Petitioner. : Mauna M Bhatt (174) for the Respondent. AKIL KURESHI, J: 1. Notice of final disposal was issued in the …

Andhara Pradesh & Telangana H.C : The effective date of transfer of shares for the purpose of sec. 45 of the IT Act is 24.11.2009 ignoring and not appreciating that the ‘transfer’ as envisaged u/s 2(47) had taken place on the date of execution of the investment agreement i.e. on 12.08.2009 and this is the date material for reckoning the time available for making specified investments and deciding the admissibility of deduction u/s 54 EC and sec. 54F

High Court Of Andhara Pradesh & Telangana Anne Venkata Vishnu Vara Prasad vs. Assistant Commissioner Of Income Tax Section 147, 148 Asst. Year 2010-11 Sanjay Kumar & P.Keshava Rao, JJ. Writ Petition Nos.40706 And 40708 OF 2017 23rd March, 2018 Counsel Appeared: K.V.Simhadri for the Petitioner. : K.Raji Reddy for the Respondent. COMMON ORDER: Notices issued …

Punjab & Haryana H.C : Advance against depreciation cannot be added under the computation of the normal income , wh reas the Hon’ble Supreme Court in its decision dated 05-012010 has held that the ‘advance against depreciation’ is ‘income received in advance’, thus making the said income subject to ‘Charge unde Chapter-II, as business income under Chapter-IV-D read with sub-clause (i) of sub-section 24 of section 2

High Court Of Punjab & Haryana Pr. CIT vs. NHPC Ltd. Section 115JB Asst. Year 2006-07 S.J.Vazifdar, CJ & Avneesh Jhingan, J. Income Tax Appeal No.356 of 2015 (O&M) 21st March, 2018 Cases referred: Bharat Earth Movers vs. Commissioner of Income-Tax, 245 ITR 428 (SC) Counsel appeared: Tajender K. Joshi, Adv., for the Appellant. : Ved …

Gujarat H.C : The assessee has not filed return of income for A.Y. 2010-11. Since, the assessee has not filed return of income, capital gain earned on the sale of immovable property has not been offered for taxation by the assessee

High Court Of Gujarat Mumtaz Haji Mohmad Memon vs. ITO Section 148, 50C Asst. Year 2010-11 Akil Kureshi & B.N. Karia, JJ. R/Special Civil Application No. 21030 of 2017 21st March, 2018 Counsel appeared: Darshan R Patel for the Assessee.: Mauna M Bhatt for the Revenue AKIL KURESHI, JJ. 1. The petitioner has challenged a notice …

Kerala H.C : Where assessee sought release of goods detained under section 129 of CGST as also Kerala SGST, Competent Authority was to complete adjudication provided under section 129 of CGST and further if assessee complied with Rule 140(1) of Kerala GST, goods detained would be released to him

High Court Of Kerala Shunson CJ Vs. State Tax Officer Section 129 P.B. Suresh Kumar, J. W.P. (C) No. 8823 Of 2018 March  15, 2018  JUDGMENT 1. Petitioner seeks release of the goods detained by the second respondent under Section 129 of the Central Goods and Services Tax Act as also the Kerala State Goods and …

Kerala H.C : Where no action on part of revenue had been taken to decide Ext. P1 application preferred by assessee for advance ruling, competent authority was to be directed to take a decision on said application after affording an opportunity of hearing

High Court Of Kerala J.J. Fabrics Vs. Kerala Authority for Advance Ruling Kerala State Goods & Service Tax Section 97 P.B. Suresh Kumar, J. W.P. (C) No. 8886 Of 2018 March 15, 2018 JUDGMENT 1. The grievance of the petitioner in this writ petition concerns the inaction on the part of the first respondent in taking …

Madras H.C : High Court cannot issue any positive direction to Goods and Service Tax Council to bring petrol and diesel prices within ambit of Goods and Service Tax, it is prerogative of Central Government to act on recommendations of GST Council

High Court Of Madras K.K. Ramesh vs. Union of India Section 9 Sathyanarayanan And Mrs. R. Hemalatha, J. W.P. (Md) No. 5484 Of 2018 March  15, 2018 ORDER M. Sathyanarayanan, J. – The present Writ Petition is filed as a ‘Public Interest Litigation’ by the petitioner/party-in-person, stating among other things, that Goods and Service Tax is …
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