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No TDS on payment to non-resident which not taxable in India

April 13, 2016 5092 Views 0 comment Print

Bombay High Court held In the case of M/s. Sesa Resources Ltd. vs. DCIT/Union of India that in the Judgment of the Division Bench in the case of Gujarat Reclaim & Rubber Products Ltd. Income Tax Appeal No.169/2014 dated 08.12.2015, it was held that before effecting deduction at source one of the aspects to be examined is whether such income is taxable in terms of the Income Tax Act.

Reopening for escaped assessment w.r.t. exempt income not valid

April 13, 2016 1987 Views 0 comment Print

High Court held that section 10(33) provides that any income by way of (i) dividends referred to in section 115-O; or (ii) income received in respect of the units from the Unit Trust of India established under the Unit Trust of India Act, 1963; or (iii) income received in respect of units of a mutual fund specified under section 10(23D), shall be exempt from tax.

Acceptance of letters without acknowledgment is unacceptable: HC

April 13, 2016 3343 Views 0 comment Print

HC held that income tax officer to whom an application is made should give an acknowledgment of having received and accepted the application on face if the same is found in prescribed manner with prescribed details.

A member of District Consumer Redressal Forum on completion of his/her tenure has no vested right for re-appointment.

April 13, 2016 7392 Views 0 comment Print

Invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner herein seeks to challenge appointment of respondent No. 3 as a member of District Consumer Redressal Forum, Rajnandgaon.

A Government servant cannot hold two substantive posts at same time

April 13, 2016 3867 Views 0 comment Print

It is settled law that an employee on temporary promotion would continue to hold the lien in his substantive post until it is terminated. He cannot hold two substantive posts at the same time.

Principles of promissory estoppel or legitimate expectaion would not apply to allot shops by Municipality contrary to Rules of allotment

April 12, 2016 1032 Views 0 comment Print

1. These Writ Petitions have been preferred challenging the auction notice dated 10.6.2015 issued by the Nagar Panchayat, Bishrampur, as also for a direction to the respondent authorities to consider the petitioners’ cases for allotment of shops in the light of earlier decision taken by the Nagar Panchayat, with further prayer for a direction to […]

Person detained in jail despite release order by appellate Court is entitled for compensation of his illegal detention for breach of his fundamental right under Article 21 of Constitution of India

April 11, 2016 537 Views 0 comment Print

Father of our Nation said: – “To deprive a man of his natural liberty and to deny to him the ordinary amenities of life is worse than starving the body; it is starvation of the soul, the dweller in the body.” “Mahatma Gandhi”

Recovery proceedings Initiation before stay application disposal is illegal

April 10, 2016 3298 Views 0 comment Print

High Courtheld that the any action of revenue to recover taxes adopting coercive means is not permissible till the assessee’s application for stay under section 220(6) of the Act is disposed of. Further, an application for stay should be disposed off by a speaking order.

S. 80IA: Option to claim deduction post business commencement

April 7, 2016 1612 Views 0 comment Print

As per CBDT Circular No.1/ 2016 dated 15.2.2016, it is clear that the assessee has option to claim deduction in subsequent years i.e. he can choose initial assessment year for claiming deduction even post commencement of business.

Reopening based on factual inadvertent error not sustainable

April 7, 2016 1201 Views 0 comment Print

Reason for reopening of the assessment was a mistaken factual premise that the Assessee had changed the system of accounting from the mercantile to the cash system. It was more than adequately explained by the Assessee that this was an inadvertent error.

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