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All High Courts

No disallowance of ITC for mere technical defect in VAT invoice – HC

August 2, 2016 21638 Views 0 comment Print

The Hon’ble Punjab & Haryana High Court in a crucial decision has held that input tax credit cannot be disallowed merely for a technical defect in the VAT Invoice such as non mentioning of words “Input Tax Credit is available to a person against this copy” as per Rule 54 of the Punjab VAT Rules, 2005.

Power of attorney cannot insist on continuance as attorney

July 30, 2016 20865 Views 0 comment Print

A power of attorney cannot insist on continuance as the attorney for the principal. If the principal does not desire the power of attorney to continue to represent the principal, the authorisation can always be revoked/terminated/withdrawn.

Re-evaluation of CA Exam answer books cannot be Directed: Delhi HC

July 30, 2016 24289 Views 1 comment Print

It is the contention of the appellant (A CA Final Student) that when he got the copy of the answer sheet, he found that the examiner had not properly checked the papers. It is also his contention that despite the appellant having written correct answers to the questions which also tally with the suggestive answer sheet, the appellant was awarded less marks for the various answers

Running Coaching class cannot be said as carrying CA Practice: HC

July 30, 2016 22836 Views 0 comment Print

In this case it was held that issuance of advertisements offering to take coaching classes and to impart of training to aspirants of the profession of chartered accountancy, cannot be said to be carrying on the profession of chartered accountancy.

Surplus investment in mutual funds cannot render principle of Mutuality inapplicable

July 28, 2016 18208 Views 0 comment Print

The Hon’ble Bombay High Court in the above cited case held that merely because a part of surplus was invested in mutual funds it cannot mean that it would render the principle of mutuality inapplicable more so when the invested money has to be utilized for the furtherance of association’s objectives

Notional rent payable if assessee owns more than 1 property

July 28, 2016 5137 Views 0 comment Print

Annual value of properties like the ones in case in hand which are more than one, owned by assessee and which admittedly remained vacant throughout the previous year would not be assessed U/s. 23(1)(c) but under Section 23(1)(a). The annual value would, therefore, be determined notionally

Brief description of land mentioned and plan was made part of notification making it available for inspection; notification u/S 3A of NH Auth. Act fulfills requirement of law.

July 26, 2016 1845 Views 0 comment Print

Brief description of land mentioned and plan was made part of notification making it available for inspection; notification u/S 3A of NH Auth. Act fulfills requirement of law Since all the petitions involve common question of law and common facts, they are being disposed of by this common order. 2. Petitioners are land holders whose […]

Petition for return of Stridhan to be filed in form of plaint

July 22, 2016 29604 Views 0 comment Print

Petition for return of Stridhan to be filed in form of plaint; ad valorem court fee not payable on such petition, only fixed court fee of Rs. 40/- payable. 1. Present is an appeal under Section 19(1) of the Family Courts Act, 1984 assailing the legality and validity of the order passed by the Family […]

Compensation paid for damage to environment is allowable

July 19, 2016 5947 Views 0 comment Print

The compensation was paid because the assessee had failed to install the pollution control device within the time prescribed. Therefore, payment of the sum of Rs.12,50,000/- is not hit by Explanation-1 to Section 37 of the Act. The Hon’ble judges of the Kolkata High Court by setting aside the orders of ITAT held that payment was und

Scope of reassessment U/s. 147 in relation to doctrine of merger

July 15, 2016 23984 Views 1 comment Print

The Commissioner by an order dated 15.3.2000 allowed some of the grounds of appeal. Thus, the order of the Assessing Officer stood merged with the order of Commissioner (Appeals) and had no independent existence of its own and as such the assessment could not have been reopened in respect of the said items.

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