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Bombay High Court

ICAI Disciplinary Committee decision in breach of natural justice is invalid

May 13, 2009 1350 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 1291 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 1041 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 853 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 1096 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 580 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 496 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 492 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:

Treatment to be given to unclaimed debenture amount when same is used by assessee-company for its business: HC Mumbai

March 3, 2009 943 Views 0 comment Print

9. In the instant case, since it is not in dispute that the amount, in question, has already been utilized by the Assessee for the purpose of its business from time to time and by Board Resolution the Assessee has transferred the amount to the Reserve Fund Account, and considering the judgment of the Supreme Court in the case of Commissioner of Income-tax vs. T. V. Sundaram Iyengar

Monetary limit prescribed by CBDT for filing of appeal by revenue

February 28, 2009 763 Views 0 comment Print

9. Having considered the contentions, in our opinion, the instructions cannot be interpreted as a Statute though it is pursuant to the power conferred under Section 268-A of the Income Tax Act. What the Court has to consider is the plain language of the paragraph and the object behind the said provisions. The object appears to be not to burden courts and Tribunals in respect of matters

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