"25 April 2012" Archive

Can a Person be tried twice for same offence?

Sangeetaben Mahendrabhai Patel Vs State of Gujarat & Anr. (Supreme Court of India)

Learned counsel for the appellant has further placed reliance on the judgment in G. Sagar Suri & Anr. v. State of U.P. & Ors., (2000) 2 SCC 636, wherein during the pendency of the proceedings under Section 138 N.I. Act, prosecution under Sections 406/420 IPC had been launched. This Court quashed the criminal proceedings under Sections 406...

S.147 Change of opinion if AO not specifically apply his mind? Referred to Full Bench

Commissioner of Income Tax Vs Usha International Limited (Delhi High Court)

What is meant by the term change of opinion? (ii) Whether assessment proceedings can be validly reopened under Section 147 of the Act, even within four year, if an assessee has furnished full and true particulars at the time of original assessment with reference to income alleged to have escaped assessment and whether and when in such cas...

Amendment to S. 40(a)(ia) retrospective – ITAT Follows HC

M/s. Alpha Projects Society P. Ltd Vs. DCIT (ITAT Ahmedabad)

The issue involved in the present appeal has now been decided by the Hon’ble Calcutta High Court in the case of CIT v. Virgin Creation in GA No.3200/2011 dated 23-11-2011 against the Revenue. However, it is noteworthy that the Special Bench of ITAT Mumbai in the case of Bharati Shipyard Ltd. v. DCIT in ITA No.2404/Mum/2009 in order date...

Notification No. S.O. 904(E)-Income Tax Dated 25/4/2012

Notification No. S.O. 904(E)-Income Tax 25/04/2012

Notification No. S.O. 904(E)-Income Tax In pursuance of Section 5 of the Public Provident Fund Act, 1968 (23 of 1968), the Central Government hereby notifies that the subscriptions made to the fund on or after the 1st day of April, 2012 and the balances at the credit of the subscriber shall bear interest at the rate of 8.8 per cent per an...

Notification No. GSR 323(E)-Income Tax Dated 25/4/2012

Notification No. GSR 323(E)-Income Tax 25/04/2012

Notification No. GSR 323(E)-Income Tax In exercise of the powers conferred by section 15 of the Government Savings Banks Act, 1873 (5 of 1873), the Central Government hereby makes the following rules further to amend the Post Office Time Deposit Rules, 1981, namely:- 1. (1) These rules may be called the Post Office Time Deposit (Amendmen...

Notification No. GSR 322(E)-Income Tax Dated 25/4/2012

Notification No. GSR 322(E)-Income Tax 25/04/2012

Notification No. GSR 322(E)-Income Tax In exercise of the powers conferred by section 15 of the Government Savings Banks Act, 1873 (5 of 1873), the Central Government hereby makes the following rules further to amend the Post Office (Monthly Income Account) Rules, 1987, namely:- 1. (1) These rules may be called the Post Office (Monthly I...

Notification No. GSR 321(E)-Income Tax Dated 25/4/2012

Notification No. GSR 321(E)-Income Tax 25/04/2012

Notification No. GSR 321(E)-Income Tax In exercise of the powers conferred by section 15 of the Government Savings Banks Act, 1873 (5 of 1873), the Central Government hereby makes the following rules further to amend the Senior Citizens Savings Scheme Rules, 2004, namely:— 1. (1) These rules may be called the Senior Citizens Savings Sc...

Notification No. GSR 320(E)-Income Tax Dated 25/4/2012

Notification No. GSR 320(E)-Income Tax 25/04/2012

Notification No. GSR 320(E)-Income Tax In exercise of the powers conferred by section 15 of the Government Savings Bank Act, 1873 (5 of 1873), the Central Government hereby makes the following rules further to amend the Post Office Recurring Deposit Rules, 1981, namely:- 1. (1) These rules may be called the Post Office Recurring Deposit ...

Notification No. GSR 319(E)-Income Tax Dated 25/4/2012

Notification No. GSR 319(E)-Income Tax 25/04/2012

Notification No. GSR 319(E)-Income Tax In exercise of the powers conferred by section 12 of the Government Savings Certificates Act, 1959 (46 of 1959), the Central Government hereby makes the following rules further to amend the National Savings Certificates (IX Issue) Rules, 2011, namely:- 1. (1) These rules may be called the National S...

HC dismisses Revenue Appeal for Non-Service of Notice of hearing

I.T.O. Vs. Rachana Constructions and Engineers & Contractors (ITAT Pune)

Hon'ble Supreme Court in the case of Para Laminates (P.) Ltd.'s held that the Tribunal is entitled to exercise all incidental and ancillary powers which are reasonably necessary for performing the adjudicative functions. Applying the aforesaid principles, it clearly follows that it was obligatory on the part of the I.T. authority to effec...

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