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Strong suspicions/coincidences & grave doubts cannot substitute legal proof

August 28, 2021 1953 Views 0 comment Print

Proof of account books of business in criminal trials,ingredients to be proved, explained-Presumption in favour of acts of public servants charged with bringing home economic and other crimes-Kerala General Sales Tax Act, 1963, Sections 46(1)(a), 46(1)(c) and 46(2)(c).

Terminology used in respect of Agriculture Lands

August 28, 2021 21798 Views 1 comment Print

KHASRA – Khasra means annual village register showing the possession of the land as a cultivator. A khasra is normally a field book containing a list of the tenants in occupation of Agriculture land and it is not one of the registers which are included in the record of rights which carries with it a […]

Income-tax authorities entitled to pierce the veil of corporate entity & look at reality of transaction

August 27, 2021 2862 Views 0 comment Print

For years a battle of manoeuver has been waged between the Legislature and those who are minded to throw the burden of taxation off their own shoulders on to those of their fellow subjects. In that battle the Legislature has often been worsted by the skill, determination and resourcefulness of its opponents, of whom the […]

Object of Section 40A is to curb flow of black money & not to put an impediment to Business

August 26, 2021 1947 Views 0 comment Print

The object of the provisions of Section 40A is to curb the flow of black money and not to put an impediment to the trade and Business The Hon’ble Tribunal accepted the plea of the assessee The writ petition of the CIT was reject ted by the Hon’ble PB and Hr. High Court The plea […]

Recovery from assets of deceased under section 159 of Income Tax Act, 1961

August 23, 2021 6873 Views 0 comment Print

Recovery from a legal representative not from his/her assets in the recovery proceedings but from the assets of the deceased. Issue a writ , order or direction commanding the respondents to compensate the petitioner for mental agony and harassment caused solely on account of grossly illegal acts of the said respondents and its officers for […]

Meditation: A simple process to keep mind cool & increase concentration

August 21, 2021 2574 Views 0 comment Print

Meditation can bring you to nature. It can help you to all the perversions. It can make you intelligent. It can make you loving. It can make you spontaneous. It can make you responsible. It can make you a benediction to your self and to existence. Except meditation there is no other method which can help. This the key, the master key.

In a best judgement assessment the AO has to make guesswork but honest guess work

August 19, 2021 9906 Views 0 comment Print

The officer is to make an assessment to the best of his judgment against a person who is in default as regards supplying information. He must not act dishonestly or vindictively or capriciously because he must exercise judgment in the matter. He must make what he honestly believes to be a fair estimate of the […]

Continuous working brings wisdom

August 18, 2021 1404 Views 2 comments Print

In the annals of history we find various events where we see that those who considered values of time reached somewhere and earned name fame & wealth. In our life value of time is more than anything else in the world. If time is lost it cannot be regained. If any other thing is lost […]

No province of Tribunal to modify explicit enactments in statues

August 14, 2021 573 Views 0 comment Print

Understanding the boundaries of Tribunal power: the importance of adhering to explicit statutory provisions.

Fresh Evidence only after fresh opportunity for rebuttal

August 13, 2021 1011 Views 0 comment Print

It is settled law that the first appellate authority has all the powers of the AO and may, therefore, admit evidence which was not made available to the Assessing Officer, except where the assessee had ample opportunity but such evidence was willfully withheld. Where such fresh evidence is offered by either party the other party […]

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