Income Tax

Test 3

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Income Tax Act, 1961 — Ss. 36(1)(v-a), 36(1)(iv), and 43-B r/w S. 2(24)(x)

Law clarified relating to necessity of Deposit on or before the due date of employees’ contribution in terms of the EPF Act/Scheme and ESI Act/Regulations, etc., for claiming deduction. Scheme vis-à-vis deposit of employer’s contribution and that of employees’ contribution, distinguished between. Held, The non-obstante clause has to be understood in the context of the

Income Tax Act, 1961 — Ss. 36(1)(v-a), 36(1)(iv), and 43-B r/w S. 2(24)(x) Read More »

Income Tax Act, 1961 — S. 2(15) [as amended in 2008 and then by the Finance Act, 2011 (w.e.f. 1-4-2012) and the Finance Act, 2015 (w.e.f. 1-4-2016)]

Conditions required to be satisfied, for entitlement to exemption vis-à-vis charitable purpose of advancement of any other object of general public utility (GPU), explained. Law clarified relating to when and extent to which trade, commerce, or business or any services in relation thereto is permissible by GPU. Application of Interpretation: At the cost of repetition,

Income Tax Act, 1961 — S. 2(15) [as amended in 2008 and then by the Finance Act, 2011 (w.e.f. 1-4-2012) and the Finance Act, 2015 (w.e.f. 1-4-2016)] Read More »

Income Tax — Tax Deducted at Source (TDS)/Tax at Source (TAS): Manner of receiving commission/origination of amount, as in the present case from customers to travel agents, is irrelevant for TDS applicability

Held, Our conclusion in terms of the application of Section 194H of the IT Act to the Supplementary Commission amounts earned by the travel agent is unequivocally in favour of the Revenue. Section 194H is to be read with Section 182 of the Contract Act. If a relationship between two parties as culled out from their intentions as manifested in the

Income Tax — Tax Deducted at Source (TDS)/Tax at Source (TAS): Manner of receiving commission/origination of amount, as in the present case from customers to travel agents, is irrelevant for TDS applicability Read More »

Integrated Goods and Services Tax Act, 2017 — Ss. 5 to 14: Core philosophy of GST Regime, explained

A writ petition was filed before the Gujarat High Court challenging Notification 8/2017 and Notification 10/201713. Core taxable event under GST Regime is supply of goods or services, or, both, either individually or as composite supply, which composite supply cannot be dissected and taxed separately or additionally if the composite supply itself is taxable. The

Integrated Goods and Services Tax Act, 2017 — Ss. 5 to 14: Core philosophy of GST Regime, explained Read More »

Practice and Procedure — Delay/Laches/Limitation — Unexplained delay by Government Department

No sufficient cause of delay, only lethargy on part of Revenue Department is no more acceptable for condoning delay in such an age of computerisation. Such kind of cases have already been categorised by Supreme Court as “certificate cases” filed with only object to obtain a quietus from Supreme Court on ground that nothing could

Practice and Procedure — Delay/Laches/Limitation — Unexplained delay by Government Department Read More »

Practice and Procedure — Delay/Laches/Limitation — Unexplained delay of 502 days by Government Department — “Certificate cases”

No sufficient cause shown: Such kind of cases have already been categorised by Supreme Court as “certificate cases” filed with only object to obtain a quietus from Supreme Court on ground that nothing could be done because highest Court has dismissed appeal. Such practice and process has already been deprecated by Supreme Court and it

Practice and Procedure — Delay/Laches/Limitation — Unexplained delay of 502 days by Government Department — “Certificate cases” Read More »

Business or Revenue Expenditure

Expenses incurred by pharmaceutical company for distribution of incentives i.e. “freebies” to medical practitioners/doctors are not eligible for the benefit of S. 37(1) of the IT Act, 1961 It is also a settled principle of law that no court will lend its aid to a party that roots its cause of action in an immoral

Business or Revenue Expenditure Read More »

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