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Delhi High Court

Reassessment for mere non submission of working sheet of deduction U/s. 10A with Form 56F is not valid

July 31, 2017 1740 Views 0 comment Print

 The AO’s reason for re-opening is that along with the certificate in Form 56F, which was the certificate of the CA, the working sheet of deduction was not enclosed. That was not a requirement of law. What Form 56F has to be accompanied with is specified under the Income Tax Rules itself. The mere fact […]

Addition cannot be made merely based on document which is silent as to payer and payee

July 27, 2017 978 Views 0 comment Print

The ITAT noted that document was silent as to payer and payee of amount in question nor does it disclose that payment was made by cheque or cash nor it is proved that document is in handwriting of assessee or at least bears his signatures.

Assessee need not be intimated before attachment of his bank account

July 27, 2017 15537 Views 1 comment Print

In the present case there was no illegality committed by the Department in not issuing to the Assessee a notice under Section 226 (3) (iii) of the Act simultaneously with or prior to the notice issued to its bank under Section 226 (3) (i) of the Act for recovery of the tax demand from its account.

Addition cannot be made merely on the basis of a handwritten loose paper

July 27, 2017 1995 Views 0 comment Print

An addition cannot be made on the basis of a handwritten loose paper which does not indicate if it pertains to the assessee and if AO has not brought on record any forensic evidence to prove the handwriting of the assessee. An addition cannot be made on the basis of suspicion and guesswork and without bringing corroborative material on record

Sec.153B(2)(a) Mere Panchnama would not extend period of limitation

July 26, 2017 2931 Views 0 comment Print

The Court is not prepared to accept the plea of the Revenue that merely because a panchnama was drawn up on 15thMay, 2007 showing that the search was ‘finally concluded’ on that date, it postponed the period of limitation in terms of Section 153B (2) (a) of the Act.

Not asked Jethmalani to use objectionable words For Jaitley: Kejriwal

July 24, 2017 1269 Views 0 comment Print

Extract of Reply Submitted by Delhi Chief Minister Arvind Kejriwal in Delhi High Court in which he stated that  he never asked senior advocate Mr. Ram Jethmalani to pose objectionable questions to Mr. Arun Jaitley or use objectionable words while recording of evidence in the Rs. 10-crore defamation suit initiated by Mr. Arun Jaitley.

Legal Services continued to be governed by reverse charge mechanism in GST: Delhi HC

July 19, 2017 2592 Views 0 comment Print

On Further hearing in the case of J K Mittal & Company Vs. Union Of India & Ors. on 18th July 2017, Delhi High Court has held that till further orders, all legal services provided by advocates, law firms of advocates, or LLPs of advocates will be continued to be governed by the reverse charge […]

Government Subsidy: Whether Of Revenue Or Capital In Nature?

July 19, 2017 10638 Views 0 comment Print

Whether the ITAT was correct in law in holding that the amount received by the assessee by way of exemption of sales tax payments was not a trading receipt but was a capital receipt, hence not liable to tax?

Delhi HC admits Petition challenging Constitutional Validity of ICDS

July 15, 2017 2631 Views 0 comment Print

Mr Ganesh states that although at this stage he is not pressing for any ad interim directions, the requirement for compliance of the impugned ICDS would arise at the time filing of returns and therefore it is important that the petition be heard at an early date after completion of pleadings.

PIL challenges 12% GST on Sanitary Napkins: [Read Petition]

July 15, 2017 3798 Views 0 comment Print

Petitioner is filing this Public Interest Litigation before this Hon’ble Court seeking recourse against the patently discriminatory and illegal treatment being meted out to the women of India by the unconstitutional and illegal imposition of a Goods and Services Tax at a high rate of 12% on sanitary napkins.

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