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Guarantee Commission Paid for Acquisition of Fixed Assets – Allowable as Revenue Expenditure

September 29, 2016 3691 Views 0 comment Print

Section 37(1): (1) Any expenditure (not being expenditure of the nature described in sections 30 to 36 and not being in the nature of capital expenditure or personal expenses of the assessee), laid out or expended wholly and exclusively for the purposes of business or profession

CBDT amends format of 3CD Report wef 01.04.2017

September 29, 2016 31465 Views 1 comment Print

In the Income-tax Rules, 1962, in Appendix II , in Form No. 3CD, in Part-B, in clause 13, for sub-clause (d), the following shall be substituted ,namely, —(d) Whether any adjustment is required to be made to the profits or loss for complying with the provisions of income computation and disclosure standards notified under section 145(2)

S.54 Exemption despite non completion of new Property Purchase deal

September 28, 2016 5884 Views 3 comments Print

Sale consideration received by the assessee is entitled to benefit under Section 54 of the Income Tax Act, even though the transaction for purchase of new property was not completed and possession was also not handed over to the assessee within 2 years.

Ad valorem Court fees is payable even when plaintiff, executant of sale deed alleges fraud

September 19, 2016 15702 Views 0 comment Print

In both the petitions under Article 227 of the Constitution of India the petitioner/plaintiff is aggrieved by the order passed by the trial Court directing the petitioner to pay ad valorem Court fees on the plaint. The direction has been issued while considering the respondent No. 1/defendant No. 1’s prayer for rejection of plaint under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (‘the CPC’ henceforth) for declaration that the petitioner is in possession and title holder of the suit land and the sale deed dated 9-4-2010 purportedly executed by the plaintiff in favour of the defendant No.1 is null and void being forged, therefore, not binding on the plaintiff. Prayer for issuance of permanent injunction to restrain the defendant No. 1 from interfering with the plaintiff’s possession has also been made in the pliant.

Father-in-law is liable to maintain widowed daughter-in-law to the extent of share of her late husband in coparcenary property

September 15, 2016 14001 Views 0 comment Print

This appeal under Section 19(1) of the Family Courts Act, 1984 has been preferred by the appellant, father-in-law of respondent No. 1 and grand-father of respondents 2 and 3. The trial Court has granted a decree of maintenance in favour of the respondents directing the appellant to pay maintenance amount of Rs. 2000/- per month to the daughter-in-law and Rs. 1000/- each to two granddaughters who are respondents 2 and 3 herein.

Assaulting wife and creating nuisance at her work place in a state of intoxicatin would amount to ‘cruelty’ for obtaining decree of divorce

September 15, 2016 1710 Views 0 comment Print

This appeal under Section 19 (1) of the Family Courts Act, 1984 has been preferred by the appellant (for brevity ‘the husband’) to assail the legality and validity of the impugned judgement dated 28.04.2016 passed by the Family Court, Bilaspur, in Civil Suit No. 208-A/2013, whereby his marriage with the respondent (for brevity ‘the wife’) has been annulled by issuing a decree of divorce on the ground of cruelty.

Committee for conducting ‘National Corporate Social Responsibility Award’

September 15, 2016 772 Views 0 comment Print

A Steering Committee with the following composition is hereby constituted to oversee the whole process of the execution of ‘National Corporate Social Responsibility Award’:

Addition for mere appearing of TDS credit in form 26AS not justified

September 15, 2016 11299 Views 0 comment Print

AO is also equally responsible to find out whether the credit entry found on 01.07.2010 is genuine or not. The AO cannot take advantage of the ignorance or handicap of the assessee and say that there was undisclosed receipt by the assessee.

Person raising construction on land belonging to another would be a “person interested” under section 2(d) of the Coal Bearing Areas (Acquisition and Devlopment) Act, 1957 to claim compensation.

September 8, 2016 585 Views 0 comment Print

These are the batch of Misc. Appeals filed under Section 20(1) of the Coal-Bearing Areas (Acquisition And Development), Act of 1957 (hereinafter referred to as the ‘Act 1957’), challenging the order passed by the Tribunal (Presided over by the District Judge) constituted under Section 15 (2) of the Act 1957.

Decree passed against a minor or a person of unsound mind without appointing his guardian is void

September 8, 2016 7020 Views 0 comment Print

This appeal is directed against the decree of judicial separation passed by the Family Court, Durg on 21.01.2014. 2. The appellant preferred an application under Section 13 of the Hindu Marriage Act, 1955 (henceforth ‘the Act, 1955’) on the pleadings that her marriage was solemnised with the respondent on 09.06.2003. After one and half years of marriage, the respondent lost his speech and thereafter other organs including the sexual organ became ineffective.

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