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Depreciation on Assets held under lease in the nature of Purchase

January 11, 2017 5323 Views 0 comment Print

Whether the assessee is entitled to depreciation under Section 32 of the Income Tax Act even when the assessee was not the owner of the property in question and was in possession thereof as a lessee during the year under consideration?

Media not to publish names of legal practitioners, judges and victims: HC

January 7, 2017 1426 Views 0 comment Print

HC directed Registrar (Administration) of bench to immediately circulate instructions to all Print, Electronic and Media Houses not to publish the names of practitioners and individual judges as a part of news item unless it is so essentially required.

No Interest on Sales Tax Refund during Pendency of Re-Assessment Proceedings under Orissa Sales Tax Act, 1947

January 6, 2017 876 Views 0 comment Print

The fact in the instant case is that the assessee has submitted its return, which was assessed, but subsequently it was found that there is some suppression in submission of return so far as it relates to gross turn-over of the assessee and as such, reassessment order has been directed to be initiated under the provisions of Section 12(8) of the Act.

Maintainability of Application for termination of mandate of an Arbitrator

January 6, 2017 3777 Views 0 comment Print

Application for termination of mandate of an Arbitrator under Section 14(1) of the Arbitration and Conciliation Act, 1996, is maintainable before the principal Civil Court of original jurisdiction i.e. the District Judge and not before the High Court.

Demand without pre show cause notice for consultation meeting valid if appellant suppressed facts

January 5, 2017 918 Views 0 comment Print

Commnr.,Central Excise, Customs and Service Tax Vs Sanket Communications Pvt. Ltd. (Orissa High Court) Heard Mr.P.Mohapatra, learned Standing counsel for the Central Excise, Customs & Service Tax for the petitioners and learned counsel appearing for the opposite party. Petitioners have filed this application to review/modification of the order dated 15.12.2016 passed in W.P.(C) No. 21861 […]

Challenge of award passed by Permanent Lok Adalat

January 4, 2017 10587 Views 0 comment Print

The award passed by the Permanent Lok Adalat can be challenged by party to dispute under Article 226/227 of the Constitution of India.

Brand Licensing Expenses allowed As Business / Revenue Expenses

January 4, 2017 1753 Views 0 comment Print

Whether payments made by the assessee to its holding company Nitrex Chemicals India Ltd for the use of its trademark and for the purpose of obtaining expertise in commerce, finance,manufacturing etc. amounted to revenue expenditure instead of capital expenditure?

In a case of circumstantial evidence, the conviction is not sustainable only on account of recovery of bloodstained articles from the accused unless there are other corroborative evidence.

January 3, 2017 4056 Views 0 comment Print

There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused

Govt servant obtaining caste certificate by fraud is not entitled to be retained in service

January 2, 2017 10248 Views 0 comment Print

In case of Government servant obtaining caste certificate based on fraud, he is not entitled to be retained in service and no departmental enquiry is necessary and in that situation

Decisions rendered by M.P. HC prior to 1-11-2000 are binding on Chhattisgarh HC

January 2, 2017 975 Views 0 comment Print

The decisions rendered by the M.P. High Court prior to 1-11-2000 are binding on the Chhattisgarh High Court on the principle of comity.

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