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Displaying Judiciary 1-10 of 1257 in 126 pages


‘Salary’ for purposes of valuation of perquisite value of ac


In case the assessee has received salary from two employers, the entire annual salary has to be considered for computation of perquisite value of accommodation provided by employer. ITAT, ‘E’ BENCH, MUMBAI Pratim B. Mukerjea v. ACIT ITA No ...



Category: Taxation | on 13 March 2010 | More



Edifice of assessment cannot be created on foundation of a t


The service of notice within a period of twelve months from the end of month in which return is filed is sine qua non for proceeding with the block assessment; if an assessment, in contravention of the provisions of proviso to section 143(2), is made ...



Category: Taxation | on 13 March 2010 | More



Amounts falling under Section 44BB of I.T. Act have been ex


Once Section 44BB is attracted, it is common ground that the computation has to be made in accordance with that provision and no other special provision, viz., Section 44DA or Section 115A would come into play in view of the fact that the payment is ...



Category: Taxation | on 12 March 2010 | More



Indo-US Treaty: Orientation towards business and inculcation


No income-tax is liable to be paid by IC2 Institute on the payments received by it from FICCI for impmentation of India Innovative Growth Programme and FICCI is not required to deduct tax at source from such payment. AUTHORITY FOR ADVANCE RULINGS ...



Category: Taxation | on 12 March 2010 | More



Indo-UK DTAA: Receipt in nature of referral fee for renderin


Collecting data and analyzing it and making a data base for providing information on suitable candidates for recruitment, even if they are in the nature of consultancy services, cannot be considered to be ancillary and subsidiary to the enjoyment / a ...



Category: Taxation | on 12 March 2010 | More



Payment towards VSAT/Transaction charges made by a Stock Bro


Stock exchanges as measure of providing infrastructure to its members provide VSAT facilities to its members to enable screen based trading in shares; fees collected in this regard is nothing but fee paid for use of facilities provided by the stock e ...



Category: Taxation | on 12 March 2010 | More



It is wrong to disallow first year’s brought forward expendi


Under the percentage of completion method, the income is to be recognized on year to year basis as the contract activity progresses based on the stage of completion reached ITAT, MUMBAI BENCHES ‘L’, MUMBAI DDIT (Int’l Taxation) v. Stock Engin ...



Category: Taxation | on 12 March 2010 | More



Section 11B cannot be invoked in respect of the alleged misc


Held, the impugned Order was passed by the Board in exercise of its power under Section 4(3) read with Section 11 and Section 11B of the said Act and as per Section 11 of the said Act the Board has the power of restraining a person from accessing the ...



Category: Business Law | on 11 March 2010 | More



Law of Limitation do not give Power to Courts to cross maxim


Held, the law of limitation prescribes a period within which legal remedy can be availed for redress of the legal injury. At the same time, the courts are bestowed with the power to condone the delay, if sufficient cause is shown for not availing the ...



Category: Civil Law | on 11 March 2010 | More



the principle of ejusdem generis cannot be applied to make a


Held, on a combined reading of Section 2(35) with Section 53 of the said Act, this Court is of the opinion that in respect of unapproved teachers also Grievance Committee has the jurisdiction to entertain complaint and undertake the statutory exercis ...



Category: Labour & Service Law | on 11 March 2010 | More




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