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Kerala HC extends interim Orders by one month

March 25, 2020 708 Views 0 comment Print

Having regard to the public announcement of imposing a total lock down in the wake of outbreak of pandemic Corona Virus, resulting in immobilization of public at large, and total stoppage of public transport, litigants would find it difficult to approach the Courts to vindicate their grievances. Therefore, we deem it proper to issue directions in the instant suo motu writ petition.

‘Initial assessment year’ means 1st year opted by assessee for Section 80IA deduction

March 25, 2020 2958 Views 0 comment Print

It is abundantly clear from Sub-Section (2) that an assessee who is eligible to claim deduction u/s 80IA has the option to choose the initial/first year from which it may desire the claim of deduction for ten consecutive years, out of a slab of fifteen (or twenty) years, as prescribed under that Sub-Section. It is hereby clarified that once such initial assessment year has been opted for by the assessee, he shall be entitled to claim deduction u/s 80IA for ten consecutive years beginning from the year in respect of which he has exercised such option subject to the fulfillment of conditions prescribed in the section.

Special audit was invalid in absence of opportunity of hearing given to assessee

March 25, 2020 1527 Views 0 comment Print

Since there was a statutory requirement that AO had to provide reasonable opportunity of hearing to the assessee before directing the assessee to get the accounts audited under section 142(2A), therefore, in the absence of pre-decisional hearing, the decision to have special audit was, therefore, invalid and consequentially all the proceedings conducted thereafter stood vitiated.

Demanding increased enrolment fee by Bar Council of Gujarat was justified

March 24, 2020 3213 Views 0 comment Print

On harmonious reading provisions of the Advocates Act, 1961 and the Bar Council of India Rules it was held that the increase in the rate of enrollment fees was properly and adequately justified and the provisions of both the Advocates Act, 1961 and the Bar Council of India Rules were not in conflict with each another and would prevail under the law..

Addition on mere presumption without corroborative evidence is not sustainable

March 22, 2020 3489 Views 0 comment Print

Additions of Undisclosed Income Can be made only on the basis of the entries made in the documents which give corroborative evidence and not just on presumption

Tribunal is not bestowed with powers to review its order: HC

March 22, 2020 852 Views 0 comment Print

Pr. CIT Vs Godrej Investment Ltd (Bombay High Court) In this case The view taken by the Tribunal in its order dated 9 July 2018 in both the Assessment Years was on the basis of the record available before it and its understanding/appreciation of the evidence on record for the two Assessment Years. This is […]

Income accrues only when due and on corresponding liability of other party to pay

March 22, 2020 1608 Views 0 comment Print

This order of ITAT Mumbai, upheld by the Bombay High Court further establishes the principle that for an income to accrue to a person, corresponding liability to pay should also arise to the other party.

Gujarat HC on SUO MOTU Precautionary Measures due to Corona Virus

March 20, 2020 1380 Views 0 comment Print

Your Lordships may be pleased to issue a writ  of mandamus  or  any  other  appropriate writ/order/direction and direct the respondent authorities to provide all the service of diagnosis,  laboratory investigation and further treatment of COVID-19 to all the persons free  of  cost  to  affected or suspected of the said pandemic 

Revenue not entitled to attach properties of Private Trust to recover dues of trustees

March 20, 2020 3234 Views 0 comment Print

Revenue is not entitled to attach the properties belonging to a Private Trust to recover dues of the trustees, who was a director of a company which had allegedly defaulted in paying its tax dues.

Availment of ineligible drawback & IGST: Search & seizure by DRI justified

March 20, 2020 999 Views 0 comment Print

The issue under consideration is whether the Search and resultant seizure of documents and record by Director of Revenue Intelligence is justified under Customs Act, 1962?

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