Month: September 2018

AAR : Clarification on classification and taxability of Agricultural Seedling Tray under GST.

AUTHORITY FOR ADVANCE RULING TAMILNADU ADVANCE RULING AUTHORITY PAPJM Buildings, II Floor, No.1, Greams Road, Chennai-6 PROCEEDINGS OF THE AUTHORITY FOR ADVANCE RULING U/S.98 OF THE GOODS AND SERVICES TA)( ACT, 2OL7. Members present are: 1.Ms. ManasaGangotri Kata, IRS Joint Commissioner/Member, Office of the Principal Chief Commissioner of GST & Central Excise, Chennai-34. 2. Thiru S. …

Delhi H.C : The Tax Deduction at Source (TDS) from the amounts paid by the Life Insurance Corporation (in short ‘LIC’) to them to the extent it was applied to allowances meant to reimburse them, could not have been deducted

High Court Of Delhi K.S. Chaudhary And Ors. vs. Life Insurance Corporation Of India And Anr. Section 10(14)(i), 10(14)(ii), 89 S. Ravindra Bhat & A. K. Chawla, JJ. W.P.(C) 1278/2001 & W.P.(C) 7574/2008 27th September, 2018 Counsel Appeared: Yashish Chandra, Yashaswi Chouksey, Shantanu Jugtawat, Advs. in W.P.(C) 1278/2001 & Sarvesh Rai, Ankit Jain, Advs. in W.P.(C) …

Punjab & Haryana H.C : Whether on the facts and in the circumstances of the case, Hon’ble ITAT Chandigarh is justified in quashing the revisionary order under Section 263 made by the CIT-3, Ludhiana without appreciating the fact that all the comparison of figures made by the assessee is very much based on the figure taken from books of account duly admitted defective by the assessee himself during survey operation?

High Court Of Punjab & Haryana Pr.CIT vs. Venus Woollen Mills Section 263 Asst. Year 2008-09 Ajay Kumar Mittal & Avneesh Jhingan, JJ. ITA No.111 of 2015 (O&M) 27th September, 2018 Counsel Appeared: Rajesh Katoch, Sr. Standing Counsel for the Petitioner.: Sachin Bhardwaj, Adv. for the Respondent. AJAY KUMAR MITTAL, J. CM No. 17890-11-2018 Allowed as …

Madras H.C : The assessee under Section 264 with further direction to the Assessing Officer to treat the lands in question as non-agricultural in nature as capital assets, in the hands of the assessee, exigible to capital gain tax.

High Court Of Madras Pallavarajha vs. Principal Commissioner Of Income-Tax And Anr. Section 2(14), 147, 264 Asst. Year 2008-09 K. Ravichandrabaabu, J. W.P.No.1843 of 2018 and WMP Nos.2292 and 2293 of 2018 26th September, 2018 Counsel Appeared: M.V.Swaroop for the Petitioner.: A.P.Srinivas, Senior Standing Counsel (I.T) fo the Respondent. ORDER 1. The petitioner is aggrieved against …

Delhi H.C : Interest paid on capital borrowed for the purpose of business is to be allowed as a deduction in computing taxable income

High Court Of Delhi Principal Commissioner Of Income Tax vs. Reebok India Company Section 260A, 36(1)(iii) Sanjiv Khanna & Chander Shekhar, JJ. Income Tax Appeal 1130/2017 25th September, 2018 Counsel appeared: Ashok K. Manchanda, Sr. SC with Mr. Amar and Aditya Khamparia for the Assessee.: Neeraj Jain and Aniket D. Agarwal for the Revenue SANJIV KHANNA, …

Karnataka H.C : The Distributable Surplus paid by the Respondent Assessee M/s. CHAMUNDI WINERY AND DISTILLERY to DIAGEO INDIA PRIVATE LIMITED in pursuance of the Agreement dated 30/10/2007 between these two parties was not ‘application of income’, but an ‘allowable expenditure’ in the hands of the Respondent Assessee under Section 37 of the Ac

High Court Of Karnataka Pr. CIT & Ors. vs. Chamundi Winery And Distillery & Ors. Section 37 Asst. Year 2008-09 to 2012-13 Vineet Kothari & S. Sujatha, JJ. ITA No. 155/2016 C/W ITA No. 458/2013, 467/2015, 173/2017, 172/2017, 155/2016 25th September, 2018 Counsel appeared: E.R. Indrakumar, Sr. Counsel for E. I. Sanmathi, Advocate K.V. Aravind, Advocate …

Bombay H.C : The Tribunal came to the conclusion that the activities on account of the Infrastructure Management Services and E-learning and Digital Consulting constitute 17% and 35% respectively of the total revenue

High Court Of Bombay Pr.CIT vs. Tibco Software (India) Pvt. Ltd. Section 144C(1) Asst. Year 2009-2010 S. C. Dharmadhikari & B. P. Colabawalla, JJ. Income Tax Appeal No.522 OF 2016 24th September, 2018 Counsel Appeared: Suresh Kumar for the Appellant.: Ashwani Taneja a/w A. K. Jasani for the Respondent S. C. DHARMADHIKARI, J. 1. By this …

Kerala H.C : Whether, on the facts and in the circums ances of the case, the assessee is exigible to income tax for short term capital gains in the assessment year 1999-2000?

High Court Of Kerala CIT vs. Harbour View (Now Known As Harbour View Residency Pvt. Ltd.) Section 2(47), 45, 48, 132 Asst. Year 1999-2000 K.Vinod Chandran & Ashok Menon, JJ. ITA.No. 33 of 2010 24th September, 2018 Counsel Appeared: PKR Menon, Sr. Counsel, GOI (TAXES) Adv., JOSE JOSEPH, SC, for the Income Tax.: T.M. Sreedharan (SR.), …

Madras H.C : The Income Tax Appellate Tribunal is right in law in confirming the levy of penalty of Rs.5,31,800/-under Section 271(i)(c)

High Court Of Madras Magna Credit & Financial Services Limited vs. DCIT Section : 271(1)(c) Asst. Year : 1996-1997 T.S. Sivagnanam & V.Bhavani Subbaroyan, JJ. T.C.(A)No.1522 of 2007 20th September, 2018 Counsel appeared: M/s. Sree Lakshmi Valli for the Petitioner.: Karthik Ranganathan for the Respondent. V.BHAVANI SUBBAROYAN, J. 1. The present tax appeal is filed against …

Bombay H.C : Whether on the facts and in the circumstances and in law, the Hon’ble ITAT was justified, in directing not to consider the case of Motilal Oswal Investment Advisors Pvt. Ltd. as a comparable, when the same was within the terms of Rule 10B(2)?

High Court Of Bombay Pr.CIT vs. NVP Venture Capital India Pvt. Ltd. Section 143(3), 144C, 144C(1), 154, 260A, 92CA(3) Asst. Year 2010-11 S.C. Dharmadhikari & B.P. Colabawalla, JJ. Income Tax Appeal (IT) No. 406 of 2016 18th September, 2018 Counsel Appeared: Suresh Kumar for the Petitioner.: P.J.Pardiwala, Sr. Advocate a/w Mr Paras Savla, Mr Harsh Shah …
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