Judgements and Orders, Supreme Court and High courts of India



For qualifying exemption under section 54F, assessee’s ownership and domain over the asset is a must right from the sale of original asset till the purchase and/or construction of the residential house i.e., the “new asset”

Posted in Income Tax |   95 Views



Posted in Income Tax |   73 Views



Section 5 of the Central Sales Tax Act, 1956, read with section 5A of the Kerala General Sales Tax Act, 1963 - When is a sale or purchase of goods said to take place in course of import or export - Assessment year 1998-99 - Assessee was engaged in bu

Posted in Income Tax |   53 Views


Business Expenditure

  CA Rachit K Patel    18 September 2008 at 11:35

Case Fact: Whether any payment to a Non Resident is disallowed if T.D.S. is deducted in one Financial Year and deposited in the next financial year with the Government.

Posted in Income Tax |   51 Views



Section 65 of the Finance Act, 1994 – Clearing and forwarding agent’s service – Assessee was a consignment agent – As per agreements entered into with its clients, assessee was very much concerned with safe delivery of consignments dispatched by rail

Posted in Service Tax |   58 Views



Rule 3 of the CENVAT Credit Rules, 2004 - CENVAT credit - Respondents were utilizing services of Customs House Agent (CHA) and surveyors at time of export of goods by treating same as input service - Respondents continued to remain owners of goods ti

Posted in Service Tax |   54 Views



For the applicability of section 35AB, the nature of expenditure is required to be decided at the threshold because if the expenditure is found to be revenue in nature, then section 35AB may not apply, however, if it is found to be capital in nature,

Posted in Income Tax |   70 Views



If a gift does not have any advertisement value, it cannot be deemed to fall within the category of advertisement as understood for the purposes of section 37(3) read with rule 6B

Posted in Income Tax |   49 Views



There is no provision under the Finance (No. 2) Act specifically conferring any power on the designated authority (CIT) to cancel the certificate so issued under section 90(2); the second proviso to section 90 only enables the CIT to amend the certif

Posted in Income Tax |   82 Views



Section 9, of the Income-tax Act, 1961, read with article 12, of the Direct Tax Avoidance Agreement between India and USA - Income - Deemed to accrue or arise in India - Applicant is an Indian company and is mainly engaged in business of providing ca

Posted in Income Tax |   73 Views




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