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Delhi HC restrains casansaar.com from continuing with infringement of copyrights

November 30, 2015 2948 Views 0 comment Print

In the case of Taxmann Allied Services Pvt. Ltd. Vs. Casansaar Web Solutions Pvt. Ltd. Honble Delhi HC granted ad interim injunction and restrained the defendant from continuing with the infringement of the plaintiff’s copyright in its editorial comments/case head notes.

No attachment of bank accounts without following proper procedures

November 30, 2015 33118 Views 0 comment Print

In the case of M/s Kunj Power Project Pvt. Ltd. v/s Union Of India, it was held that the attachment of property and bank accounts can only be done by the revenue authorities after giving proper notice to the assessee and reasonable opportunity of being heard. The attachments needs to be only after following the prescribed procedures provided in the rules.

Reassessment proceeding based on ED information without correlating with returns filed is invalid

November 28, 2015 1204 Views 0 comment Print

CIT Vs. M/s. Indo Arab Air Services (Delhi High Court) Assessee had escaped assessment for the AY in question. While the AO has referred to the fact that the ED gave information regarding cash deposits being found in the books of the Assessee

Substratum for formation of belief that income liable to tax has escaped assessment has to form part of reasons recorded

November 28, 2015 958 Views 0 comment Print

Varshaben Sanatbhai Patel vs. ITO (Gujarat High Court) It is settled legal position as held by a catena of decisions that the substratum for formation of belief that income liable to tax has escaped assessment has to form part of the reasons recorded.

Assets being part of block of assets eligible for depreciation even if same are related to discontinued business

November 27, 2015 3814 Views 0 comment Print

The respondent assessee had claimed depreciation in respect of its machinery valued at Rs.16.96 lacs which was used in its business of refining edible oil. The machinery had not been used during the assessment year as the respondent has discontinued its business of refining edible oil.

Gratuity is property under Article 300-A of Indian Constitution

November 27, 2015 6498 Views 0 comment Print

In the matter of State of Jharkhand and others v. Jitendra Kumar Srivastava and another1 , it has been held by Their Lordships of the Supreme Court that gratuity and pension are not bounty and it is thus a hard earned benefit which accrues to an employee and is in the nature of property.

S.24(b) Co-owners with unspecified shares entitled to equal interest deduction

November 26, 2015 7036 Views 0 comment Print

Since the individual shares were not specified in the sale deed and the house property as well as the housing loan is to be taken as jointly by all the co-owners, the logical conclusion is that everyone had equal share in the property and the assessee was entitled to 1/4th deduction, i.e. 25% of the entire interest.

State Govt decision to not to recruit Teachers cannot be interfered

November 24, 2015 909 Views 0 comment Print

Thus, the question involved in the present writ petitions has been considered by the Supreme Court in number of occasions clearly holding that a person whose name appears in the select list does not acquire any indefeasible right of appointment and empanelment at the best is a condition of eligibility for the purpose of appointment and by itself does not amount to selection or create a vested right to be appointed.

Notice U/s. 148 issued to legal representative of deceased assessee is legal & valid

November 19, 2015 6825 Views 0 comment Print

In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a direction to the respondents to drop the assessment proceedings initiated against a dead person after his death.

SCN cannot be issued to debtors until tax liability crystallise – HC

November 17, 2015 2023 Views 0 comment Print

The Petitioner is carrying on business of fabrication and erection of plants, structures etc. The Petitioner undertakes the projects on turn key basis as well as on work contract basis. The Petitioner has been registered as an assessee with the Service Tax Department since 2008.

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