pendency

71 additional Special Courts to clear backlog of CBI case

IT is the continuous endeavor of the Government to upgrade the infrastructure, office automation systems and buildings of the CBI Offices, Academy & Training Centers and to provide facilities for capacity building for CBI Officers and staff. To achieve this objective, inter alia , the following measures have been taken:
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Procurement of Cheque by Department: Is it Legal?

It is a fact of common knowledge that in pendency of the investigation proceeding, the departmental officers coerce the assessee to deposit some part of the potential demand. The coercion to deposit the amount is more, when a more premier agency is investigating the case. Such deposit of amount is boasted by the officers in their report to their superiors.
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Judgement holding s. 43B (f) (leave encashment) as unconstitutional stayed

CIT vs. Exide Industries (Supreme Court) S. 43B (f) was inserted by the Finance Act, 2001 w.e.f. 1.4.2002 to provide that any sum payable by the assessee as an employer in lieu of any leave at the credit of his employee shall be allowed as a deduction only in the year of actual payment. The [...]
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CBEC issued circular on Monitoring & disposal of pending appeals

Circular No.  885/05/ 2009-CX  Dt 30.4.2009  (F.No.275/121/2008-CX.8A) Central Board of Excise & Customs     Subject:  Monitoring of pendency of appeals – instructions regarding. In supersession of the Circular No. 291/7/97-CX dated 20.1.1997 and considering the present pendency of disposal of appeals by Commissioner (Appeals), the norms of disposal of appeals by Commissioner (Appeals) has been reworked out.  [...]
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In Re Rescuwear Corporation (Settlement Commission Full Bench)

U/s 245A(b), as amended by the Finance Act 2007 w.e.f. 1.6.2007, pendency of proceedings for assessment before the AO for one or more assessment years is a necessary condition for invoking the jurisdiction of the Settlement Commission. Held in that context by Five Member Bench of the ITSC that: (a) For the year for which returns have been filed but have neither been processed u/s 143(1) of the Act nor notices have been issue u/s. 143(2) of the Act, the proceeding for ass..
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