principles of natural justice

The expanding horizon of the principles of natural justice provides for requirement to record reasons as it is now regarded as one of the principles of natural justice, and it was held in the above case that except in cases where the requirement to record reasons is expressly or by necessary implication dispensed with, the authority must record reasons for its decision. Full Article

Once it is found that “Right to Natural Justice” is a “personal & individual right”, the person concerned can always waive such right. But the moot question is “whether principles of natural justice are personal individual rights?” This paper attempts to examine this question and waiver of such right if it is not a personal individual right. Full Article

CASE LAW DETAILS In The case of: CIT vs. Mohd. Farooq, Decided by: (Allahabad High Court – Full Bench), Appeal No.: Income Tax Appeal No. (78) of 2002, Date of Order: 03.09.2009 S. 260A permits the filing of an appeal to the High Court within 120 days. In CIT vs. Velingkar Brothers 289 ITR 382 [...] Full Article

SUMMARY OF CASE LAW The omission to allow cross examination merely prevents the ITO from making an addition and can be corrected by allowing the cross examination and the AO can be directed to proceed further to examine the matter afresh on the basis of cross examined statement. Full Article

CASE LAW DETAILS Decided by: ITAT, DELHI BENCH ‘C’ : NEW DELHI In the Case of : Flextronics Software System Ltd. v. CIT Appeal No. : ITA NO. 2070/DEL/2008 Decided on : JANUARY 16, 2009 SUMMARY OF THE CASE LAWS When the issue is debatable one where two views are possible, the order of the [...] Full Article

Mayawati wins again in ITAT – can gift to a politician be treated as Professional income? – Gift of Rs 11 Lakhs allowed by AO after proper inquiry and consultation with CIT – Commissioner’ s Review order quashed: ITAT KM Mayawati the beloved Chief Minister is in the habit of getting huge gifts from her [...] Full Article

  The cases of appointment of administrators in co-operative housing societies are increasing.Generally the Deputy/Assistant Registrar of co-operative societies (“the Registrar”) appoints an administrator upon complaint(s) from member(s) of the society, if he finds that it is a fit case to expell the managing committee of the society. Such an action, may invite mixed reactions [...] Full Article

In view of the Proviso to s. 147, merely having a reason to believe that income had escaped assessment is not sufficient to reopen assessments but it must be specifically alleged by the AO in the recorded reasons that the escapement was on account of the failure of the assessee to make a full and true disclosure of material facts. In the absence of such allegation, the reopening is without jurisdiction; Full Article