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Delhi High Court

Non-payment of minimum wages to workers is unconscionable and unpardonable in law: HC

November 25, 2017 7365 Views 0 comment Print

Central Secretariat Club Vs. Geetam Singh (Delhi High Court) Non-payment of minimum wages, to a workman is, therefore, unconscionable and unpardonable in law. It strikes at the very root of our constitutional framework, and belies the aspirations set out in the preamble thereto. The preamble to the Constitution is the Constitution. It is the most […]

HC dismiss petition demanding Movies with ‘A’ Certificate be Not Shown on TV despite editing

November 24, 2017 942 Views 0 comment Print

Erada Gopi Chand Vs. Union Of India & Anr. (Delhi High Court)  The primary ground of challenge raised in this writ petition is to the effect that once having accorded a certification to a film under Section 5A of the Cinematograph Act, 1952, the Central Board of Film Certification, constituted by the Central Government under […]

Dissemination of Yoga is within the Term Medical Relief and imparting education

November 24, 2017 732 Views 0 comment Print

While admitting an appeal by the Revenue against the ITAT Delhi’s order granting relief to Patanjali, the Delhi High Court recently ruled that propagation of yoga, Vedic philosophy, practice of yoga, education with respect to yoga are to be considered as medical relief for the purpose of granting exemption under the provisions of the Income Tax Act, 1961.

S. 68 Principle of peak credit not applicable when deposits remain unexplained

November 24, 2017 6858 Views 0 comment Print

For adjudicating upon the plea of peak credit the factual foundation has to be laid by the assessee. He has to own all cash credit entries in the books of account and only thereafter can the question of peak credit be raised

AO cannot have disregard finding directions of DRP and pass final assessment order

November 22, 2017 3756 Views 0 comment Print

That judgment referred to the order of the DRP which had held that both the Assessees were not eligible Assessee under Section 144C (15) of the Act and that order of the DRP was binding on the AO. It was further held by this Court that the AO could not have disregarded the finding directions of the DRP and passed the final assessment order.

Section 263: Failure to issue notice on any particular issue

November 22, 2017 4440 Views 0 comment Print

Failure to issue notice on any particular issue does not vitiate the exercise of power under Section 263 as long as the assessee is heard and given opportunity

RTI Act would not prevail over Supreme Court Rules; CIC cannot overrule decision of Other Coordinate Benches Of Same Strength

November 21, 2017 1665 Views 0 comment Print

The Judicial Functioning Of The Supreme Court Of India Is Separate/ Independent From Its Administrative Functioning. The Dissemination Of Information Under The SCR Is A Part Of Judicial Function, Exercise Of Which Cannot Be Taken Away By Any Statute. The SCR Would Be Applicable With Regard To The Judicial Functioning Of The Supreme Court; Whereas For The Administrative Functioning Of The Supreme Court, The RTI Act Would Be Applicable.

CIT can consider all aspects which were subject matter of AO’s order, if in his opinion, they are erroneous

November 19, 2017 2025 Views 0 comment Print

Lack of opportunity at the revisional stage under Section 263 does not vitiate the entire order, or the proceedings; rather it is a curable defect. Court is of the opinion that the ruling in Commissioner of Income tax v Amitabh Bacchan 2016 SCC Online SC 484 is decisive; it upholds the power of the Commissioner to consider all aspects which were the subject matter of the AO’s order, if in his opinion, they are erroneous, despite the assessee’s appeal on that or some other aspect.

Registration under FCRA cannot be denied to society on mere bald report on use of Foreign Contribution

November 17, 2017 4248 Views 0 comment Print

The petitioner – a Society registered under the Societies Registration Act, 1860 – has filed the present petition impugning communications dated 01.08.2014 and 07.12.2015 (hereafter referred to as the impugned communications)

Recording of satisfaction U/s. 153C when AO of Appellant & Searched Person is common

November 14, 2017 1806 Views 0 comment Print

Since satisfaction note was recorded by AO of searched person who also happened to be AO of assessee (other person) as well to effect that seized documents belonged to assessee, issuance of notice under section 153C on basis of such note was justified.

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