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Calcutta High Court

Calcutta Municipality cannot levy License Fee for Hoardings / Glow Signs

May 3, 2017 2919 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 2904 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.

Interest Income waived is not taxable or will not form part of income

March 30, 2017 4593 Views 0 comment Print

In Shiva Laxmi Exports Ltd Vs CIT, the division bench of the Calcutta High Court held that interest income could not said to have had accrued when the same was waived by the Company by passing a resolution. While deleting the addition made in respect of the said income, the bench clarified that such income is excludable from the levy of income tax.

Prisoners too have fundamental Right to Trade and Profession: HC

March 23, 2017 7458 Views 0 comment Print

Right to carry on trade and profession including right to convey property in course of such business is an essential fundamental right enshrined under Article 19(i)(g) of the Constitution of India and the same do not stand eclipsed by the continuing incarceration of a prisoner.

WEF 15-12-2016 High court lost jurisdiction to hear Company Law petitions

March 22, 2017 2568 Views 0 comment Print

Matter related to transitional provisions under section 68 of the Companies (Amendment) Act, 1988, which bestowed jurisdiction to hear the case only on High Court, however, as in the case in point, the issue was transferred to NCLT under the 2013 Act, the NCLT would have jurisdiction, even though the amended section 68 had not been actually repealed but it should be regarded to have been impliedly repealed.

NI Act: Order Imprisoning for Default to Pay Compensation Appealable

March 21, 2017 4239 Views 0 comment Print

The short question which falls for decision in this case is whether a judgment and order of conviction and sentence of imprisonment till the rising of the Court and an order of compensation imposed under Section 357(3) of the Code of Criminal Procedure with a direction to undergo imprisonment in default of payment of such compensation is appealable or not.

Bogus share capital: Source of source relevant even for period before amendment to section 68

March 7, 2017 4056 Views 0 comment Print

Main thrust of the appellant’s case is that the provisions of Section 68 of the Act as amended could not be given retrospective operation and if that position of law was accepted, then it was not open to the C.I.T. to direct an enquiry to ascertain the source and genuineness of the sums being projected by the appellants as capital receipts.

Deficit incurred in earlier years by a Trust can be treated as application of Income in Subsequent year

March 2, 2017 5481 Views 0 comment Print

Deficit incurred by a trust could not be treated in the same way as that of a loss sustained by an assessee under the head ‘profits and gains of business or profession‘ for such deficit to be furnished in a return and verified. The same was to be allowed to be set off against surplus […]

A person other than member or creditor can also challenge Company Name striking off

March 1, 2017 1959 Views 0 comment Print

Is a person, not being a member or a creditor or the company itself, entitled to challenge the striking off of the name of the company under Section 560 of the Companies Act, 1956? Does the petitioner have the locus standi to file and maintain the present writ petition?

Sec 14A r.w. rule 8D not applies if assessee has kept shares as stock in trade

February 10, 2017 1935 Views 0 comment Print

Assessing Officer had treated the claim of long term capital gain as business income. The assessee did not object to that. In such situation there could be no application of Section 14A for disallowance of expenditure incurred to earn exempt income.

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