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Supreme Court of India

Limitation period U/s. 275(1)(c) not applies to penalty proceeding U/s. 271D & 271E

February 26, 2017 2463 Views 0 comment Print

Penalty proceedings for default in not having transactions through the bank as required under Sections 269SS and 269T are not related to the assessment proceeding but are independent of it.

Section 10A: SC explains Exemption Vs. Deduction & Stage of Deduction / Exemption

February 22, 2017 4548 Views 0 comment Print

The export turnover and the total turnover for the purposes of sections 10A and 10B shall be of the undertaking located in specified zones or 100% Export Oriented Undertakings, as the case may be, and this shall not have any material relationship with the other business of the assessee outside these zones or units for the purposes of this provision.

Writ Petition to challenge issue of reopening notice u/s 148 is maintainable

February 20, 2017 1908 Views 0 comment Print

High Courts in all these cases have dismissed the writ petitions preferred by the appellant/assessee herein challenging the issuance of notice under Section 148 of the Income Tax Act, 1961 and the reasons which were recorded by the Assessing Officer for reopening the assessment.

SC upheld addition of loan taken fraudulently by creation of accounts by way of name leading

February 15, 2017 1416 Views 0 comment Print

In the present case, in the face of clear findings that loan applications were processed by Officers of Assessee and loan transactions in question of aforesaid 37 persons were also handled really by Assessee and further in view of categorical finding that loan amounts were not reflected in returns of 37 persons in question, we do not see how High Court could have taken above view and remanded atter to Assessing Officer.

SC held Sasikala and her two relatives guilty of Corruption

February 15, 2017 3483 Views 0 comment Print

In a land mark 570 Page Judgment on 14.02.2017 Supreme Court has sent VK Sasikala and her two relatives to jail for four years for corruption. Supreme court also barred VK Sasikala from holding public office or contesting elections for 10 years after holding her guilty of amassing wealth disproportionate to her known income. She was also fined Rs. 10 crore by the court.

As Advance tax not payable on salary Income so interest U/s. 234B, 234C cannot be levied

February 14, 2017 8166 Views 0 comment Print

In cases where receipt is by way of salary, deductions under Section 192 of the Act is required to be made. No question of payment of advance tax under Part ‘C’ of Chapter VII of the Act can arise in cases of receipt by way of ‘salary’.

SC orders attachment of Aamby Valley property in Sahara Case

February 8, 2017 1473 Views 0 comment Print

Learned counsel appearing for SEBI, submitted that the contemnors who own a property situate at Aamby Valley City, Pune, Maharashtra, would be sufficient for realization of whole amount.

SC explains Meaning of compulsory acquisition under Land Acquisition Act, 1894

February 7, 2017 6213 Views 0 comment Print

Merely because the compensation amount is agreed upon would not change the character of acquisition from that of compulsory acquisition to the voluntary sale. It may be mentioned that this is now the procedure which is laid down even under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Mere Entries in loose papers/ sheets are inadmissible as evidence: SC

January 25, 2017 7156 Views 0 comment Print

We have heard learned counsel for the parties at length, as to Interlocutory Application Nos. 3 and 4 of 2017 filed in Writ Petition(Civil) No.505 of 2015.

SC admits SLP on levy of Late TDS / TCS return Filing Fees U/s. 234E

January 16, 2017 10144 Views 1 comment Print

Against Bombay High Court order in case of Rashmikant Kundalia and another Vs UOI in Section 234E matter Supreme Court admits the SLP filed with it.

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