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Bombay High Court

Department need not provide reason for search U/s. 132

June 5, 2009 813 Views 0 comment Print

Search & seizure action u/s 132 was undertaken at the assessee’s premises. Thereafter an order of provisional attachment u/s 281B was passed. The assessee filed a writ petition challenging the validity of the search and the provisional attachment. HELD dismissing the Petition: (1) Search action u/s 132 can be initiated only if the designated authority forms a reasonable belief

Validity of order passed under section 281B of IT Act, 1961: HC

May 16, 2009 1810 Views 0 comment Print

19. It is true that attaching the properties of an assessee even before the crystlisation of the demand is a drastic step and has to be exercised only in extreme circumstances. Whether extreme circumstances existed in the present case so as to levy provisional attachment under section 281B of the Act is the question. 20. In the present case, the incriminating documents seized during the course of search and seizure

ICAI Disciplinary Committee decision in breach of natural justice is invalid

May 13, 2009 1050 Views 0 comment Print

In October 2007, Disciplinary proceedings were initiated against two partners of M/s Pricewaterhouse (PWC) for alleged professional and other misconduct in conducting the statutory audit of Global Trust Bank. The proceedings were based on the findings in the Special Audit report and the Annual Financial Inspection of the RBI. Though several hearings were conducted by the Disciplinary Committee,

Bombay HC dismissed the SABMiller writ petition on the ground of decision in Vodafone

May 11, 2009 1105 Views 0 comment Print

Citing the Supreme Court order in the Vodafone case, the Bombay High Court today dismissed the SABMiller writ petition against a showcause notice issued by the Income Tax Department. CNBC-TV18’s Ashwin Mohan reports on how this matter is similar to the Vodafone case? This case is similar to the Vodafone tax tussle. The Income Tax Department order on Vodafone is still pending.

A.S. Vasan & Sons (Bombay) Vs. The Union of India (Bombay High Court)

May 4, 2009 864 Views 0 comment Print

No appeal lies against the order rejecting an application for renewal of CHA Licence. In absence of any other remedy it is open to this Court to exercise its extraordinary jurisdiction in case where an application for renewal is rejected.

Assessment can not be reopened merely on the ground of change of opinion of Assessing officer

April 5, 2009 670 Views 0 comment Print

10. Section 147 of the Act empowers the assessing officer to reopen the assessment in respect of any assessment year, if he has reason to believe that any income chargeable to tax has escaped assessment. The object of reassessment is to assess the correct income. Under section 147 of the Act, the assessing officer can assume jurisdiction to reopen the assessment only if there exists tangible material

Assessment can not be reopened for change of opinion U/s. 147 of the Income Tax Act, 1961

March 31, 2009 895 Views 0 comment Print

10. Section 147 of the Act empowers the assessing officer to reopen the assessment in respect of any assessment year, if he has reason to believe that any income chargeable to tax has escaped assessment. The object of reassessment is to assess the correct income. Under section 147 of the Act, the assessing officer can assume jurisdiction to reopen the assessment only if there exists tangible material

Classification of income received by a promoter from a developer for cancellation of a building project

March 11, 2009 415 Views 0 comment Print

7. It is the first contention of the appellant that the amount in issue is not an income within the definition of the term `income’ set out in section 2(24) of the said Act. We are unable to accept this contention of the appellant and we agree with the findings rendered in this regard by all the lower authorities, including the Income-tax Appellate Tribunal by its impugned order dated 26th July, 2006

There is no requirement that there has to be a registered Deed of conveyance for a person to be treated as an owner for the purpose of section 22

March 11, 2009 373 Views 0 comment Print

3. At the threshold on behalf of the appellant, the learned counsel submits that the concept of ownership considering the provisions of the Transfer of Property Act read with Registration Act is different in the context of the provisions of the Income-tax Act. What is to be considered for the purpose of Income Tax Act are the provisions of section.

High Court upset with Terror Tactics of Custom Dept

March 10, 2009 342 Views 0 comment Print

Where despite the goods having been cleared on payment of customs duty as assessed under Heading 85.44 (which was supported by the order of the Commissioner (Appeals) the DRI searched the premises of the assessee and threatened that unless the differential duty payable under Heading 90.01 was paid, the directors and employees of the assessee would be arrested and the consignments confiscated HELD passing severe strictures that:

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