Taxation Judgements

Displaying 1 - 10 of 1292 in 130 pages

No Service tax on sharing of resources and cost/ expenses with the Group Companies

 04 May 2016

The Hon’ble CESTAT, Mumbai held that reimbursement of the cost of obtaining and employing resources/certain expenses incurred by the Appellant on the behalf of the Group Companies cannot be regarded as consideration flowing to the Appellant towards t

Posted in Taxation 4 comments |   3653 hits


No Service tax could be levied if there was a transfer of right to use goods irrespective of the fact that the transfer was non-exclusive

 30 March 2016

The Hon’ble AAR, after detailed discussion, held that: The phrase 'grant of license to use the system on a non-exclusive basis' is used for the reason that the proprietary/intellectual property used in the system is utilized by the Applicant in othe

Posted in Taxation 1 comments |   2234 hits


Construction Services provided to IIT exempt even though Government does not hold 90% or more equity/control in it

 30 March 2016

The Hon’ble High Court of Patna held as under: The ‘Governmental authority’ as defined in the Notification dated January 30, 2014, means an authority or a board or any other body set up by an Act of Parliament or State Legislature;

Posted in Taxation |    0 comments |   1414 hits


Constitutional validity of Sec. 234E of Income Tax Act, 1961

 16 February 2015

Section 234E of the Income Tax Act,1961 is intravires the Constitution of India. The said Section 234E does not violate any provision of the Constitution of India. Delay in furnishing TDS Returns/Statements increases the work burden of the Department

Posted in Taxation 1 comments |   9186 hits


Whether benefit of extended period of limitation under explanation 3 of Sec. 153(3) and Sec.267 to pass assessment order pursuant to finding/ direction of appellate authority available if assessee was not given a specific opportunity of being heard?

 14 June 2014

The assessee is a trustee in three different trusts. CIT(A) held that the trusts were not valid trusts since they did not come into existence in accordance with Section 6 of Indian Trusts Act” and its income should be taxed in hands of all the truste

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SC orders criminal trial of Jayalalitha

 30 January 2014

The bench comprising of Justice K.S. Radhakrishnan and Justice A.K. Sikri dismissed the discharge plea of Tamil Nadu Chief Minister J. Jayalalitha and her associate S. Sasikalaa and ordered a trial against them for not filing income tax returns for

Posted in Taxation 1 comments |   1372 hits


Penalty proceedings and assessment proceedings are two distinct and independent proceedings

 14 December 2013

In brief the facts are that in this case return of income was filed by the assessee declaring a loss of Rs. 19,906/-. The assessment was completed by the A.O. u/s 143(3) of the I.T.Act at an income of Rs. 12,42,412/- by making following disallowance

Posted in Taxation 3 comments |   2105 hits


Allowability of sponsorship expenses in the absence of comment of AO in the original order

 30 September 2013

On the facts and in the circumstances of the case, the ld.CIT(A) has erred in annulling the re-assessment proceedings u/s 147 on the basis of change of opinion by the AO on the issue of ‘allowability of Sponsorship Expenses’ even when the AO did not

Posted in Taxation |    0 comments |   1671 hits


Order passed on non submission of document for reason beyond of control can be restored on submission

 28 September 2013

We have heard both the parties and carefully gone through the orders of the authorities below. On perusal of assessment order, we find that the assessment has been completed under sec. 143(3) of the Act. Notices under sec. 143(2) and/or under sec. 14

Posted in Taxation |    0 comments |   2293 hits


In the absence of necessary and relevant fact some questions are unanswered

 27 September 2013

Whether on the facts and in the circumstances of the case, the assessee company is a financial company under the Interest Tax Act, 1974, liable to tax there under and if yes, then which portion of the income/receipts of the assessee company can be co

Posted in Taxation |    0 comments |   1375 hits










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