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Allahabad High Court

Transfer of case from Delhi to Noida without disposing Appellants objection is invalid

April 30, 2017 1200 Views 0 comment Print

While scrapping an order transferring a case from Delhi to Noida, the division bench of the Allahabad High Court held that the holding of the office of a director by the petitioner and his admission to the undisclosed income are not sufficient grounds for transferring a case under section 127 of the Income Tax Act.

UP VAT Registration cannot be denied for mere wrong Input Tax Credit claim

April 23, 2017 1827 Views 0 comment Print

Justice Ashwani Kumar Mishra of Allahabad High Court held that, wrongful claim of Input Tax Credit (ITC) would not constitute sufficient ground for cancellation of registration of a dealer under UP Value Added Tax Act.

Loss / Gain on Foreign Currency Translation is notional debit/credit and not subject to Income Tax

April 21, 2017 3255 Views 0 comment Print

A division bench of the Allahabad High Court, in CIT v. Jaya Prakash Industries Pvt Ltd, held that the difference on foreign currency translation which is notional debit/credit, did not represent any loss or income for the purpose of computing the taxable income under the Income- Tax Act.

Order passed by Tribunal without considering all evidences is faulty order: HC

April 20, 2017 1770 Views 0 comment Print

HC held that Tribunal – the higher appellate authority has neither considered and weighed, in entirety, the evidence relied by the lower appellate authority nor it has dealt with the reasoning and findings of the lower appellate authority while passing the order of reversal.

Partners to Explain Source of Gift received by their Minor Children

April 20, 2017 1167 Views 0 comment Print

We cannot loose sight of the fact that the minors in question were children of the partners in the firm and therefore, it had to be the partners who would have both arranged the gifts and also made the decisions to introduce money into the firm in name of the minors.

Filing of Audit Report along with Income Tax Return is not Mandatory

April 20, 2017 9051 Views 0 comment Print

This question is regarding filing of audit report in form 10CCB. If it is not filed alongwith return but filed before assessment, will it amount to non-compliance of Section 80IB (13) read with Section 80IA (7).

Validity of Re-Assessment Proceedings can be questioned at any Stage

April 20, 2017 2166 Views 0 comment Print

Issue of validity of reassessment proceedings is a jurisdictional issue. It goes to the root of the matter. The Tribunal ought to have examined the ground no.3 raised in the assessee’s appeal on its merit without being prejudiced by the facts that the reassessment order has been passed on the exparte basis in which the proceedings the assessee has not objected to the initiation of the reassessment.

Ground of lack of jurisdiction may be raised at a subsequent stage in Appeal

April 10, 2017 3438 Views 0 comment Print

The present income tax appeal under Section 260 A of the Income Tax Act, 1961 (hereinafter referred to as the Act) has been filed by the assessee against the order dated 2.3.2009 of the Income Tax Appellate Tribunal, Delhi Bench, New Delhi for the assessment year 1997-98.

Ensure guidelines are followed by ‘Anti-Romeo’ Squads

April 5, 2017 1413 Views 0 comment Print

This writ petition in public interest has been brought forward highlighting the recent steps taken by the State Government by calling upon the police authorities to take appropriate steps of policing in order to prevent such crimes that outrage or insult the modesty of female citizens of this State.

Assessee not allowed to appear with Counsel to Record Statement U/s. 108 of Customs Act

March 30, 2017 4953 Views 0 comment Print

In view of law laid down by Apex Court in case of Poolpandi & Others v. Superintendent, Central Excise & Others, presence of counsel refusal during interrogation/recording the statement of a person under Customs Act would not be violative of Article 20 (3) and 21 of Constitution of India.

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