judicature

Recounting of Central Council Election from central region to be held on 18th Jan 2010

Pursuant to the Orders dated 13th January, 2010 of the Hon'ble High Court of Judicature for Rajasthan at Jaipur in the matters of T. Karthikeyan, Returning Officer and Secretary -vs- Prakash Sharma and Ors.[DB Special Appeal (Writ No. 35/2010)] and T. Karthikeyan, Returning Officer and Secretary, -vs- Ganesh Sharma and Ors.
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State Govt. PSUs do not need COD approval

The assessee is a State Govt. undertaking. Its appeal was dismissed by the Tribunal on the ground that the approval of the Committee on Disputes (“COD”) had not been obtained. In a writ petition filed by the assessee, the Additional Solicitor General appearing for the revenue stated that it was not the contention of the revenue that COD approval was required for appeals before the Tribunal in Income-tax matters.
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Rajasthan High Court stayed declaration of results of 21st ICAI council

The Notification of the declaration of results under Rule 36 of the Chartered Accountants (Election to the Council) Rules, 2006 was to be published in the Gazette of India dated 6th January, 2010. While the Notification on the declaration of results of election to the 20th Regional Councils is being notified in the Gazette of India dated 6th January, 2010, however, the notification on the declaration of results in respect of election to the 21st Council is withheld arisi..
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Tribunal has inherent power to dismiss an appeal for non-appearance of appellant

The Tribunal dismissed the excise appeal of the assessee for non-appearance. The application filed by the assessee for restoration of the appeal was also dismissed. The dismissal was challenged before the High Court on the ground that under s. 35C of the Excise Act (corresponding to s. 254 of the Income-tax Act) the Tribunal had no power to dismiss an appeal for non-appearance of the Appellant. It had to decide on merits. HELD:
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ITAT cannot remand to apply section 14A if AO in his Assessment order not made disallowance u/s 14A

CASE LAW DETAILS Decided by: Mumbai High Court, In The case of: Topstar Mercantile Pvt. Ltd. (Formerly, Urvi Chemicals & Allied Industries Ltd) (Appellant)  V/s. The Asstt. Commissioner of Income Tax (Respondent), Appeal No.:, 1460 of 2009, Decided on:  26.08.2009 SUMMARY OF CASE LAW In assessment proceedings, the AO raised a query about disallowance of expenditure [...]
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