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Primacy to CJI’s Opinion on appointments not make Lokpal unconstitutional: SC

April 29, 2017 1077 Views 0 comment Print

Dismissing the challenge against constitutionality of certain provisions of the Lokpal and Lokayuktas Act, the Supreme Court has held that the Constitution does not mandate that in all matters concerning the appointment to various offices in in different bodies, primacy must be accorded to the opinion of the Chief Justice or his nominee.

SC Accepts Rs. 2,000-Cr Cheques by Sahara Chief Subrata Roy

April 29, 2017 2403 Views 0 comment Print

The Supreme Court on Thursday granted relief to beleaguered Sahara Group boss Subrata Roy, but warned him that he would be sent back to jail if cheques given by him today are not realised by June 19. Sahara has given two cheques of around ₹ 2,000 cr and committed to pay ₹ 3,000 crore more by October end.

Lokpal cannot be kept Pending for vacancy in Selection Committee: SC

April 29, 2017 1632 Views 0 comment Print

Under Section 4 of the Act, the Chairperson and Members of the Lokpal are required to be appointed by the President on the recommendations of a Selection Committee consisting of- (a) the Prime Minister – Chairperson; (b) the Speaker of the House of the People – Member; (c) the Leader of Opposition in the House […]

Section 80-IB(10) If Authority excluded open terrace from working of built-up area than revenue cannot review the same

April 28, 2017 2718 Views 0 comment Print

In a significant ruling, the ITAT Chennai held that the private open terrace attached with residential unit would form part of built- up area for the purpose of computing deduction under section 80-IB(10) of the Income Tax Act if the same was included in the house project approved by the local authority.

Need to create awareness on pension at grassroots level

April 28, 2017 900 Views 0 comment Print

Need to create awareness on pension at grassroots level

No specific format is provided U/s. 14A for recording satisfaction

April 28, 2017 1389 Views 0 comment Print

Since, no specific format is provided under the Act for recording satisfaction for making dis allowance under section 14A, AO was not required to give detailed reasons for invocation of rule 8D(2) in view of the fact that assessee failed to discharge its primary onus of proving nexus between interest-free funds and the investments yielding tax- free income.

Interest on Fixed Deposits received by society from Bank is Taxable

April 28, 2017 5868 Views 0 comment Print

In assessee’s case, the bank is not even a member of the society. The nature of the transaction between the assessee and the bank would disqualify application of the principle of mutuality. Therefore, the transactions with the bank who is not even a member of the society cannot be considered as a transaction for which […]

Assessee entitled for Credit of TDS deducted in erstwhile name

April 28, 2017 3513 Views 0 comment Print

The credit of TDS deducted and deposited in the old name and old PAN No. and the credit of the same was not given to the assessee on account of mismatch, though entity is the same.

ITAT on TP adjustment on account of Compensation for deemed brand development

April 27, 2017 1536 Views 0 comment Print

The first question that we need to decide is whether the benefit accruing to the HMC Korea, as a result of increased brand value due to sale of Hyundai cars in India by the assessee company, constitutes an international transaction.

Addition based on mere scribbling on Loose Papers cannot be sustained

April 27, 2017 3420 Views 0 comment Print

This court is of the opinion that the material found was sketchy and insufficient to warrant a fresh valuation. In any case, the AO‟s order did not even go by the valuation report, but on an entirely different footing- not based on any principle at all.

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