Judgements by Taxguy

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State through CBI

  Taxguy    24 September 2008 at 16:01

Constitution of India, 1950 - Article 21 - Right to speedy justice in Criminal justice system implicit - However, it does not mean, time limits can be fixed or completion of trial as done in Raj Deo Case & Common Cause Case - Such aspects to be consi

Posted in LAW |   61 Views


Konar Publications vs M/s.Madras Palaniappa Bros.

  Taxguy    24 September 2008 at 16:01

the firms were started to avoid compulsory tax audit under Income Tax Act, 1961

Posted in Audit |   244 Views


Diamond Services International vs. Union Of India

  Taxguy    24 September 2008 at 16:01

The meaning of "experience”, “use” and “impart” considered in detail

Posted in Income Tax |   43 Views


AAR Vs. Foster's Australia

  Taxguy    23 September 2008 at 14:54

Judgement of AAR can be taken to Supreme Court only after being challenged before a High Court.

Posted in Income Tax |   83 Views


ACIT Vs. SAURASHTRA KUTCH STOCK EXCHANGE

  Taxguy    23 September 2008 at 14:54

Rectification of an order stems from the fundamental principle that justice is above all. It is exercised to remove the error and to disturb the finality.

Posted in Income Tax |   114 Views



Whether the incentive subsidy received by the assessee is a capital receipt not includible in the total income

Posted in Income Tax |   48 Views


Burmah Castrol vs. DIT Mumbai

  Taxguy    23 September 2008 at 14:54

CIT cannot disarray the AAR. An attempt to belittle the role of this Authority in the statutory scheme of adjudication cannot be countenanced.

Posted in Income Tax |   41 Views


Mahendra Jain Vs. ITO

  Taxguy    23 September 2008 at 14:54

Where the assessee is carrying on an illegal activity which is treated as a business, any loss arising in such business as a result of confiscation by the authorities is an allowable loss. However, where the assessee is carrying on a lawful business,

Posted in Income Tax |   70 Views


Imagic Creative Case on VAT

  Taxguy    10 September 2008 at 16:50

Payments of service tax as also the VAT are mutually exclusive

Posted in VAT |   34 Views


Rules of interpretation

  Taxguy    10 September 2008 at 16:50

impugned judgment has failed to notice the Rules of Interpretation which require that in cases where HSN Code number is indicated against the Tariff Item mentioned in the Third Schedule, then one has to go by the provisions of the HSN as adopted by t

Posted in VAT |   62 Views