1. Commissioner
of Income Tax Vs. Rajkot Municipal Corporation, Tax Appeal No. 33 of
2014, Date of Order: 21.01.2014, High Court of Gujarat
Licence fee for putting up hoardings is taxable as income from other sources
If the
Corporation, permits hoardings to be put up in its property by issuing
licences, for which it charges licence fees and also charges licence
fees from the owners allowing hoardings to be put up in their private
properties, in our opinion, the same cannot be said to be business
activity of the Corporation. Such licence fees are collected for
regulating the activity of putting up hoardings to ensure that it does
not damage the public safety and does not offend the public morality and
decency. The safety measures, standards of morality and decency, all
have to be maintained by the Corporation since such hoardings would be
eitherin the Corporation property or private property, in number of
cases on the plots abutting a public street. We have noticed that the
collection from such licence fees is less than 1% of the total revenue
of the Corporation. In our opinion, therefore, the view of the Tribunal
that such income was not business income, but must be “income from other
sources”, therefore, calls for no interference.
(Please click here for judgment)
2. Bombay
Stock Exchange Ltd. Vs. Deputy Director of Income Tax, Writ Petition
No. 2468 of 2011, Date of Order: 12.06.2014, Bombay High Court
Bald
statement that assessee has failed to make a full & true disclosure
of material facts not sufficient. Details must be given as to which
fact was not disclosed
In the
present case, admittedly there are no details given by the Assessing
Officer (Respondent No.1) as to which fact or material was not disclosed
by the Petitioner that led to it's income escaping assessment. There is
merely a bald assertion in the reasons that there was a failure on the
part of the Petitioner to disclose fully and truly all material facts
without giving any details thereof. This being the case, the impugned
notice is bad in law and on this ground alone the Petitioner is entitled
to succeed in this writ petition.
(Please click here for judgment)