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All High Courts

Sales Tax applicanbility on under construction flats at the time of Booking

January 25, 2017 1680 Views 0 comment Print

Whether sales tax attracted merely because the flats were booked by prospective buyers while the same were under construction? Whether K. Raheja and Larsen & Toubro & Ors. judgments universally applicable without regard to the facts and circumstances of the case?

Addition for undervaluation not justified without alleging that assessee received more consideration than what is stated in the sale deed

January 24, 2017 3486 Views 0 comment Print

The presumption against the value being understated (not undervalued) is greater where parties are connected or related. However, if the AO does not allege that the assessee received more consideration than is stated in the sale deed, he cannot made an addition to the stated consideration.

Writ petition against SCN is maintainable, if notice is issued with pre-meditation

January 24, 2017 2871 Views 0 comment Print

The petitioner’s husband while working as Teacher (Panchayat) at Government High School, Baya, Janpad Panchayat Kasdol died in harness on 30.10.2011. She made an application for appointment on compassionate ground on the post of Assistant Teacher (Panchayat).

Conviction for murder; Handwriting Expert’s opinion pertaining to ransom letter

January 24, 2017 1263 Views 0 comment Print

Conviction for murder; Handwriting Expert’s opinion pertaining to ransom letter cannot from the basis for conviction, moreso, when specificmen handwritings were obtained by investigating officer and not in court.

Non-supply of reasons to reopen assessment makes such notice bad in law

January 23, 2017 3592 Views 1 comment Print

Bombay HC held that supplying of reasons for reopening assessment is a jurisdictional requirement and non-supplying of same when assessee specifically asked for same would made reassessment notice bad in law.

Cash seized during demonetization eligible for PMGKY deposit scheme

January 23, 2017 15000 Views 2 comments Print

In case, the petitioner submits any application to the Income Tax Department, the authorities can look into matter for the purpose of declaration of undisclosed income by availing the remedy under the PMGKY Scheme.

Post of Chief Executive Officer, Janpad Panchayat has to be filled up in accordance with the Rules of 2006, it cannnot be filled up by Deputy Collector.

January 16, 2017 2838 Views 0 comment Print

The petitioner who is substantively holding the post of Chief Executive Officer, Janpad Panchayat seeks to challenge the legality, validity and correctness of the order dated 16.03.2015 (Annexure P/2) passed by respondent No. 1/State of Chhattisgarh whereby respondent No. 4/Deputy Collector has been appointed on the post of Chief Executive Officer, Janpad Panchayat, Dondi, District Balod and the petitioner has been transferred on the post of In-charge Assistant Director, Office of Assistant Commissioner, Tribal Welfare, Korba alleging the said appointment to be contrary to the applicable rule.

Directions issued to Government authorities to comply Chhattisgarh Motor Vehicles Rules, 1994 as well as amended Rules 76B and 76C, particularly with regard to school buses

January 16, 2017 639 Views 0 comment Print

“Wings to Fly ‘You were born with potential. You were born with goodness and trust. You were born with ideas and dreams. You were born with greatness. You were born with wings. You are not meant for crawling, so don’t, you have wings. Learn to use them, to fly.”

Imposition of late fees by Section 234E is constitutional : Kerala High Court

January 15, 2017 7705 Views 0 comment Print

Article is case study on constitutional validity of Section 234E of the Income Tax Act 1961 inserted by Finance Act, 2012 and covers all earlier judgments on the subject and is based on the Kerala High Court judgment in the case of Sree Narayana Guru Smaraka Sangam Upper Primary School Vs. Union Of India.

Section 54EC eligible on Investment in specified bonds out of advance payment

January 12, 2017 2611 Views 0 comment Print

This Appeal under Section 260­A of the Income Tax Act, 1961 (the Act)challenges the order dated 28th June, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order is in respect of Assessment Year 2008­-09.

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