"03 April 2022" Archive

Territorial jurisdiction of a Court in case of WFH would be where the official place of work was located and not the place of residence

Mangala A.G. Vs Union of India (Kerala High Court)

Mangala A.G. Vs Union of India (Kerala High Court) Territorial jurisdiction of a Court in case of WFH would be where the official place of work was located and not the place of residence Conclusion: When a person was permitted to work from home merely as a concession or a convenience, place from where the […]...

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Pre-Notice Consultation – Face Off Between Tax Payer and Department

Considering the importance of pre dispute consultation and acting on the recommendation of TARC report government brought the concept of Pre show cause consultation before issuance of final show cause notice with the idea to reduce the burden of unnecessary litigation which will help both department and tax payer....

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Posted Under: Income Tax |

We Just Got April Fooled, My Friends

With April 1, begins the New Financial Year, Time to Move on with, ‘Sweet n Sour’ Learnings from Rear. Can’t Stop My Pen from Reminiscing, Of All what has happened with Assessments Completion-Time Nearing....

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Posted Under: Income Tax |

कर्ज पर चलनेवाली विकासशील देशों की सरकारें श्रीलंका की दुर्दशा से लें सबक

विकासशील देश हमेशा से पश्चिम देशों और चीन के कर्ज के बोझ तले दबे होते हैं और इसका फायदा अमरीका, चीन और युरोपीय देश इन विकासशील देशो...

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Posted Under: Income Tax |

Pradhan Mantri Adarsh Gram Yojana

Pradhan Mantri Adarsh Gram Yojana, a rural development programme, was launched in the year 2009-2010. The Scheme aims for the development of the villages which has at least 50% of the people belonging to the Schedule Caste. There is a vision to convert such villages into model villages. The objective and model village norms of […]...

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Posted Under: Income Tax |

NI Act S.138 | Liability of director when Company not been made accused

Charanjeet Singh Saini Vs Ispat India (Chhattisgarh High Court)

Charanjeet Singh Saini Vs Ispat India (Chhattisgarh High Court) Now referring back to the allegations and averments made in the complaint under Section 138 of Negotiable Instrument Act, though the petitioners have been described somewhere in the petition as Director in some petition for and on behalf of Saini Industries Limited would make...

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Stamp duty not payable on Oral Family Settlements put in Writing Only for Information

Himani Walia Vs Hemant Walia & Ors (Delhi High Court)

Himani Walia Vs Hemant Walia & Ors (Delhi High Court)  Delhi High Court held that family settlements are not required to be compulsorily registered, and stamp duty is not required to be compulsorily paid in respect of the same, when the settlement has been arrived at initially as an oral partition and is thereafter put […]...

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Gain from Sale of Car Parking Spaces Independent of Flat Sold is STCG if sold within 36 Month of Acquisition

Anjan Shivraju Prakash Vs ITO (ITAT Mumbai)

Anjan Shivraju Prakash Vs ITO (ITAT Mumbai) We find that the assessee purchased the impugned flat on 22/02/2007 and sold the same on 03/03/2012. The only issue dispute in this appeal is whether the capital gain arose in respect of sale of three car parking spaces could be treated as long term capital gain. The […]...

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GVAT: Garnishee proceeding cannot be initiated without notice to concerned person

Shakti Cotton Pvt. Ltd. Vs Commercial Tax Officer (Gujarat High Court)

Shakti Cotton Pvt. Ltd. Vs Commercial Tax Officer (Gujarat High Court) Proceedings under Section 44 of the GVAT Act are in the nature of garnishee proceedings, i.e. attachment of a debt by means of which judgment-creditor is enabled to reach the money due from the judgment-debtor, which is in the hands of a third person. […]...

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ITAT deletes Section 271E penalty as assessee is deceased & authenticity of transaction cannot be vouched

Mohit Singh L/H of Late Shri Balwant Singh Vs JCIT (ITAT Delhi)

Mohit Singh L/H of Late Shri Balwant Singh Vs JCIT (ITAT Delhi) As pointed out on behalf of the assessee, an assessment under Section 143(3) r.w. Section 147 was completed in the instant case, wherein the Assessing Officer has not observed any repayment of loan in cash as alleged in the penalty order. On perusal […]...

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