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Calcutta High Court

Building under construction cannot be taxed as deemed let out property

January 11, 2018 3753 Views 0 comment Print

Building being under construction during relevant previous year, the same could not be taxed applying provision of Section 23(1)(c) of Income Tax Act, 1961.

Calcutta HC explains who could be legal representative on death of Assessee

August 30, 2017 4551 Views 0 comment Print

Definition of legal representative given in the Code of Civil Procedure, 1908 is inclusive in character and its scope is wide. It is not confined to legal heirs only. It may be a person who may or may not be the heir, competent to inherit the property of the deceased.

HC on Validity of Service of notice by post, in person and then by affixture

August 23, 2017 1335 Views 0 comment Print

Service by post, which had been returned with the endorsement addressee not found, followed by an attempt at personal service and subsequent affixture would constitute substantial compliance of sec­tion 282

Prosecution under PMLA cannot be dropped for Acquittal by ICAI Disciplinary Committee

August 2, 2017 1245 Views 0 comment Print

The findings of the Disciplinary Committee by no stretch of imagination can be said to be binding on the criminal court where the accusation is to be proved on the basis of evidence adduced before it in accordance with law. Moreover, the findings do not render the substratum of accusation of conspiracy between the petitioner and the other accused persons in extending unjustified financial assistance to the borrowers in the instant case patently absurd or inherently improbable

Assessee entitled for Deduction U/s. 80GGB first time claimed before CIT(A) related to donation to political parties

July 13, 2017 2871 Views 0 comment Print

Where assessee made donation to political parties, same was not claimed as a deduction nor claimed by filing a revised return nor made a claim before the AO but same was claimed first time before the CIT(A), assessee was entitled to deduction.

Income of NRI not taxable merely for receipt in NRE account

July 13, 2017 8790 Views 0 comment Print

Income of the assessee constituted earning outside India while the assessee was an NRI and mere receipt of the said sum in the assessee’s NRE account would not subject it to tax under the 1961 Act.

Finding Fact of Settlement Commission is not Open to Judicial Review

June 14, 2017 1719 Views 0 comment Print

A finding of fact made by the Settlement Commission is not open to judicial review unless it is established that, such finding of fact suffers from perversity or is vitiated due to bias or malice. None of the grounds known to law to upset a finding of fact returned by a Settlement Commission has been substantiated in the facts of the present case.

Finding of incriminating material during search of third party is a pre-requisite for exercise of power U/s. 153C r.w. section 153A

June 5, 2017 2406 Views 0 comment Print

Materials such as books of account, documents or valuable assets found during a search should belong to a third party which would lead to an inference of undisclosed income of such third party. Such an inference should be recorded by the Assessing Officer having jurisdiction over the searched persons and communicated to the Assessing Officer […]

Calcutta Municipality cannot levy License Fee for Hoardings / Glow Signs

May 3, 2017 2865 Views 0 comment Print

The Corporation authorities have contended that, they have a policy guidelines of display of advertisement within the Kolkata Metropolitan area. Under such policy guidelines, the authorities are to look at the desirability of the content of the advertisement in the hoardings or glow signs. They are also to look at whether the hoardings or glow […]

Refund Seized Money in New Currency Notes: HC to IT Dept.

April 20, 2017 2865 Views 0 comment Print

Extinguishment of liability of the Reserve Bank in respect of any specified currency note under section 3 of the Act of 2017 is subject to a direction issued by a Court of law permitting a person to hold on to specified currency notes in connection with a pending proceeding and the Bank cannot deny its liability in such cases if the said person deposits the specified notes in the Bank after the appointed date with leave of the Court.

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