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CESTAT order to deposit duty after considering prima facie case, undue hardship and interest of Revenue is valid

December 19, 2015 700 Views 0 comment Print

In the case of Advance Netways Marketing Pvt. Ltd. Vs. CCE, Hon’ble Bombay High Court denied to interfere in the order of CESTAT who directed to deposit 50 % of total duty payable and 10 % out of penalty payable.

Tangible material required to reopen assessment u/s 148 of Income Tax Act,1961

December 18, 2015 2285 Views 0 comment Print

M/s.Peacock Apparels (P) Ltd vs. ITO (Madras High Court), Except to state that the EOU has not been approved by the Specific Authority, the first respondent has not assigned any other reason to reopen the assessment order.

In Reopening AO cannot pass Composite Order for Assessment and for rejection of objection

December 18, 2015 1489 Views 0 comment Print

JVS Export vs. DCIT (Madras High Court) As per dictum laid by Hon’ble Supreme Court in GKN Driveshafts (India) Ltd. Vs. Income Tax Officer and Others, (2003) 259 ITR 19 that pursuant to the notice issued by the assessing officer, he is bound to consider the objections of the parties

Service conditions of employee allocated to Chhattisgarh cannot be varied to his disadvantage

December 17, 2015 1032 Views 0 comment Print

Service conditions of the allocated employee to Chhattisgarh Upon reorganisation of the erstwhile State of Madhya Pradesh cannot be varied to his disadvantage without prior approval of Central Government. Order On Board 1. The petitioner is a duly appointed Sub Engineer working in the Water Resources Department appointed by the erstwhile State of Madhya Pradesh. […]

Writ petition against SCN is maintainable, if issued with premeditation

December 17, 2015 1431 Views 0 comment Print

It is made clear that this Court has not expressed any opinion on the merit of the case. However, respondent-N.T.P.C. is at liberty to proceed further in accordance with law without being prejudiced by any of the opinion/observation made herein above.

Payment of interest on amount of gratuity is statutory compulsion

December 16, 2015 72222 Views 6 comments Print

Failure of petitioner to make payment of amount of gratuity within 30 days from date it becomes payable to employee, sub-section (3A) of Section 7 of the Act of 1972 is squarely attracted and payment of interest being statutory and mandatory in nature and thereby petitioner is liable to make payment of interest on the said amount

Conditions mentioned in sec.10 are mutually exclusive from condition prescribed in sec. 11

December 16, 2015 933 Views 0 comment Print

In case of DIT (E) Vs. M/s Jasubhai Foundation, BOmbay High Court upheld the decision of ITAT in which it was held that section 10 and section 11, though mentioned in same chapter, but conditions mentioned in both sections are mutually exclusive from each other.

Property Rental Income of assessee engaged in building construction taxable as income from property

December 16, 2015 5530 Views 2 comments Print

CIT vs. Sane & Doshi Enterprises (Bombay High Court) The three grounds which have been projected and emphasised pertain to treatment of total income as income from house property and allowing deduction under section 24 ignoring the fact that the income was received from the business asset (unsold flats) shown as closing stock.

Function of Registrar U/s. 55 (1) of C.G. Co-operative Societies Act, 1960 is legislative

December 15, 2015 2997 Views 0 comment Print

Excellent question that emanates for consideration is nature of Rule making function exercised by the Registrar under Section 55(1) of the Act of 1960 whether it is legislative or administrative in nature and scope of interference by this Court in that function.

Distinction between “arrears of land revenue” and “dues recoverable as arrears of land revenue”

December 15, 2015 27336 Views 0 comment Print

Outstanding issue which emanates for consideration is distinction between arrears of land revenue recoverable under Section 139 of the Chhattisgarh Land Revenue Code, 1959 (for short ‘the Code’) and dues recoverable as arrears of land revenue under Section 155 (c) of the Code.

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