Gujarat High Court

Mere allotment of PAN would not make allottee a Separate Entity

Sardar Vallabhbhai Patel Education Society Vs. ITO (Gujarat High Court)

Mere allotment of PAN under section 139A of the Act would not make the allottee necessarily a separate entity for the purpose of assessment of tax. The statute recognizes certain eventualities where quite outside the requirement of payment of tax and for filing return of income, the Assessing Officer may allot a PAN to individual....

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Hindu Succession Act: Hindu Daughter after Converting to Islam Not Loses Right to Inherit Property

Nayanben Firozkhan Pathan Vs Patel Shantaben Bhikhabhai (Gujarat High Court)

A change of religion and loss of caste was at one time considered as grounds for forfeiture of property and exclusion of inheritance. However, this has ceased to be the case after the passing of the Caste Disabilities Removal Act, 1850. Section 1 of the Caste Disabilities Removal Act inter alia provides that if any […]...

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Section 50C applies even to Unregistered Transfer of Capital Assets

Commissioner Of Income Tax- 6 Vs. M/s. Akash Association (Gujarat High Court)

Justices Akil Khureshi and Biren Vaishnav, in a recent ruling, held that section 50C of the Income Tax Act is applicable to a case where even a case where the document evidencing transfer of the capital asset has not been presented for registration...

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Special Audit justified if no book before AO and Specialized nature of business activities and multiplicity of transactions

Takshashila Realties (P.) Ltd. Vs Dy. CIT (Gujarat High Court)

As common question of law and facts arise in this group of petitions and as such in respect of the same assessee, but with respect to different assessment years, all these petitions are disposed of by this common judgment and order....

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Penalty U/s. 271AAA not applicable on failure to ask question regarding manner of earning of income

Pr. CIT Vs Mukeshbhai Ramanlal Prajapati (Gujrat High Court)

Section 271AAA imposes an additional condition of the assessee having to substantiate the manner in which, the undisclosed income was derived. This requirement, however, must be seen as consequential to or corollary to the base requirement of specifying the manner, in which, the undisclosed income was derived. It is only when such declara...

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Practicing CA Cannot Enroll As A Lawyer: Gujarat HC

Mam Raj Goel Vs Bar Council Of Gujarat & 1 (Gujarat High Court)

01 The present petition is filed by the petitioner under Articles 226 of the Constitution of India as well as under Sections 24 and 28 of the Advocates Act, 1961 for the prayers as prayed for inter alia that appropriate writ, order or direction may be issued to the Bar Council of India to enroll […]...

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Treatment of bad debts for computation of book profit u/s 115JA/JB

CIT Vs Vodafone Essar Gujarat Ltd (Gujarat High Court)

Brief facts leading to the reference are as under. The respondent assessee is a company registered under the Companies Act. For the assessment year 2003­2004, the assessee had filed return of income declaring nil income. The Assessing Officer framed the order of assessment on 27.03.2006...

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6 Month limitation period commences from the date of receipt of order sought to be rectified by assessee

Liladhar T Khushlani Vs Commissioner or Customs (Gujrat High Court at Ahemdabad)

Feeling aggrieved and dissatisfied with the impugned order passed by the learned Central, Excise & Service Tax Appellate Tribunal, West Zonal Bench, Ahmedabad (hereinafter referred to as CESTAT) dated 18/08/2015 by which the learned CESTAT has dismissed the rectification application on the ground that the said application has been preferr...

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HC Judgment on Addition for Sham Transaction in the hand of Partners

CIT Vs Vision Finstocks Ltd (Gujarat High Court at Ahmedabad)

CIT (Appeals) in a detailed judgement, reversed the order of the Assessing Officer holding that if at all the transaction was held to be sham, the additions can be made in the case of the firm and not the partners. ...

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It’s wholly illogical to limit PAN corrections in TDS statement to only two alphabets or numbers

Purnima Advertising Agency pvt ltd (s) Vs Deputy Commissioner of Income Tax (Gujarat High Court)

The petitioner has challenged the action of the respondent in not permitting the petitioner to correct the error in mentioning the Permanent Account Number (PAN for short) of one of the agencies to whom the petitioner had made multiple payments during the relevant financial period for which deduction of tax at source was necessary....

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