RECENT INCOME TAX CASE LAWS IN INDIA

We are Posting here on Regular Basis Recent Judgements on Direct Tax delivered by Supreme Court, High Court and Tribunals.

Addition u/s 68 can be made for non production of lenders

Posted by kanoisandeep | Saturday, September 15, 2012

Addition u/s 68 can be made for non production of lenders

Posted: 14 Sep 2012 07:41 PM PDT

It is not in dispute that there were cash deposits of the equivalent amounts in the bank accounts of the creditors just before advancing loan to the assessee or on the date of issuing cheques to the assessee. In the case of the creditor, 'RS', his bank statement is filed in which Rs. 2,50,000 has...

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Deduction under section 54F available on construction of building

Posted: 14 Sep 2012 07:34 PM PDT

Assessee having constructed the building and invested the capital gain, the assessee is entitled for deduction u/s. 54F of the Act if other conditions discussed herein below are fulfilled.

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Derivative transaction through MCX after 1-4-2006 to be treated as non-speculative

Posted: 14 Sep 2012 07:18 PM PDT

Issue is whether such a notification given on 22nd May 2009, thorugh which MCX Stock Exchange has been recognized, can be held to be applicable for the transaction undertaken in the assessment year 2007-08 i.e., after 1st April 2006. From the combined reading of clause (d) of proviso to section...

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Mere contract for sale of immovable property does not create any interest therein

Posted: 14 Sep 2012 06:57 PM PDT

On a plain reading of the statutory provisions of section 54, it is clear that an agreement for sale or an agreement to sell itself does not create any interest or charge in such property. Mulla on 'Transfer of Property Act' clearly states that section 54 enacts that an agreement for the sale of...

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Interest cannot be disallowed if interest-free funds advanced to sister concerns without interest-free

Posted: 14 Sep 2012 04:31 PM PDT

The Assessing Officer has deleted the interest on borrowed capital without recording any finding to the effect that the borrowed capital on which interest was paid by the assessee was diverted by the assessee for providing interest-free advances to its sister concerns. It is not the case of the...

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Regarding Change in Excise Duty rate on Petrol & Diesel

Posted: 14 Sep 2012 12:04 PM PDT

Notification No.35/2012 –Central Excise Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 12/2012-Central...

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Maintenance & development of park is charitable activity

Posted: 14 Sep 2012 11:37 AM PDT

On going through the remaining object of the trust, read with the provisions of sections 2(15), 12A, 12AA of the Income Tax Act, and the case laws cited by the AR, we find that there has been compliance to section 12A as required under the provisions, so far as provisions of section 2(15) are...

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Assessee can claim Refund of TDS paid twice or excess

Posted: 13 Sep 2012 09:22 PM PDT

Since no provision is made in the Act or the Rules for claiming refund of excess TDS deducted with respect to remittance to the foreign company, CBDT issued its circular No. 769, dated 6-8-1998 and made provision for granting such refund to the Indian assessee deductee under the following...

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Misuse charges & interest on the same not deductible in computing total income

Posted: 13 Sep 2012 09:12 PM PDT

Explanation-I to section 37(1) provides inter-alia that any expenditure incurred for any purpose which is prohibited by law shall not be deemed to have been incurred for the purpose of business and no deduction or allowance shall be made in respect of such expenditure. This provision is clearly...

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Govt approves FDI in multi-brand product retail trading subject to conditions

Posted: 13 Sep 2012 08:23 PM PDT

The Cabinet has approved the proposal of the Department of Industrial Policy & Promotion for permitting FDI in multi-brand retail trading, subject to specified conditions.

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Review of the policy of Foreign Investment in Companies Operating in the Broadcasting Sector

Posted: 13 Sep 2012 08:20 PM PDT

The Cabinet Committee on Economic Affairs has approved the proposal of the Department of Industrial Policy & Promotion for Review of the policy on Foreign Investment (FI) in companies operating in the Broadcasting Sector.

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Govt approves foreign investment up to 49 percent, in Power Trading Exchanges

Posted: 13 Sep 2012 08:19 PM PDT

The Cabinet Committee on Economic Affairs has approved the proposal of the Department of Industrial Policy & Promotion for permitting foreign investment up to 49 percent, in Power Trading Exchanges.

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FDI in Civil Aviation Sector – Foreign airlines permitted to make foreign investment, up to 49 percent

Posted: 13 Sep 2012 08:15 PM PDT

The Cabinet Committee on Economic Affairs has approved the proposal of the Department of Industrial Policy and Promotion for permitting foreign airlines to make foreign investment, up to 49 percent in scheduled and non-scheduled air transport services.

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Do not respond to Mails asking for your Internet Banking Account Details

Posted: 13 Sep 2012 07:45 PM PDT

It has come to the notice of the Reserve Bank of India (RBI) that a fraudulent email has been sent and signed in its name as `Reserve Bank of India'. The mail has referred to provisions of Banking Regulation act, 1949 and Prevention of Money Laundering Rules, 2005

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The Non-Banking Financial Company –Factors (Reserve Bank) Directions, 2012

Posted: 13 Sep 2012 05:47 PM PDT

It may be recalled that the Bank had issued the captioned Directions on July 23, 2012. In continuation, notifications amending the Non-Banking Financial (Deposit Accepting or Holding) Companies Prudential Norms (Reserve Bank) Directions, 2007,

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Regarding concessional rate of duty on Gold Findings

Posted: 13 Sep 2012 04:52 PM PDT

Notification No. 51 / 2012 - Customs Seeks to amend notification No.12/2012-Cus,dated 17.03.2012 to provide concessional rate of duty on Gold Findings and to extend the list of items under Sr. No.282

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Regarding anti-dumping duty on imports of Ductile Iron Pipes , originating in, or exported from, China PR

Posted: 13 Sep 2012 04:50 PM PDT

Notification No. 41/2012-Customs (ADD) Notwithstanding anything contained in para 2 above, the antidumping duty imposed under this notification shall remain in force up to and inclusive of 12th September, 2013 unless the notification is revoked earlier

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Strong financial no ground to reject winding up petition filed against company defaulting in payments

Posted: 13 Sep 2012 12:01 PM PDT

Even if a company which has good and solid financial foundation and also has capacity to pay, cannot avoid its obligation to pay and be allowed to neglect its financial obligations and when a company which is really financially sound and healthy does not make and neglects to make payment of the...

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Notification No. 52 /2012-Customs Dated 13th September, 2012

Posted: 12 Sep 2012 04:57 PM PDT

Notification  No. 52 /2012-Customs   New Delhi, the 13th September, 2012             G.S.R.     (E).- In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government being satisfied that it is necessary in the public interest so to...

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