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Judiciary

Perfection And Excellence Is Lacking In Legal Profession: Delhi HC

September 18, 2017 909 Views 0 comment Print

Perhaps, it is because of the said grounds having been allowed by the Courts to prevail, that perfection and excellence is lacking in the legal profession and mediocrity has set in.

Books of accounts cannot be rejected merely at the instance of assessee

September 18, 2017 6885 Views 0 comment Print

During the course of assessment proceedings, in response to each of the queries raised by the assessing officer in relation to observations of the special auditor, the assessee has repeatedly stated that his books of account should be rejected as done in past assessment years.

Training & Coaching services to Students by Trust liable to Service Tax

September 18, 2017 3117 Views 0 comment Print

A educational coaching is covered by the expression coaching centre as defined in section 65(26) and (27). That it is not on commercial basis or predominantly for profit is the only argument canvassed throughout.

Before Passing an Order U/s. 263 Principal CIT or CIT has to do their Own Enquiry

September 17, 2017 3663 Views 0 comment Print

Before Passing An Order Under Section 263 Principal Commissioner Or Commissioner Of Income Tax Has To Make His/Her Own Enquiry

Reassessment Notice U/s. 148 merely on directions from JCIT or CIT is invalid

September 15, 2017 3666 Views 0 comment Print

Where reassessment proceedings were initiated on the directions from JCIT or CIT and AO had not carried out any independent exercise to examine fresh material to come to a conclusion that the assessment warrants reopening on account of escapement of income, the reassessment was bad in law.

Procedural rules cannot be ignored even if litigant is Government/ Revenue and Revenue should not follow tendency of blaming Advocate or procedural rules for dismissal of appeal

September 15, 2017 1290 Views 0 comment Print

Bombay High Court held in the case of CIT Vs. M/s. Parle Bisleri Ltd. that Procedural rules cannot be ignored even litigant is Government/ Revenue and Revenue should not follow tendency of blaming Advocate or procedural rules for dismissal of appeal

ITAT Section 54EC exemption for Investing in REC Bonds of Rs.50 Lakh each in 2 Financial Years for A.Y. prior to 2015-16

September 14, 2017 4275 Views 0 comment Print

Government only intended to restrict the investment in a particular financial year and accordingly has fixed the limit of Rs. 50,00,000/- as permissible limit in a particular financial year. The Government did not intend to restrict the maximum amount of exemption permissible under Section 54EC.

Tax Exemption cannot be denied to Trust not meant for one particular religious community

September 14, 2017 2466 Views 0 comment Print

It has been found that the activities of the Assessee Society, though both religious and charitable, were not exclusively meant for one particular religious community. It was, therefore, rightly not denied exemption under Section 11 of the Act.

Section 11 exemption cannot be denied for receipt of fees from non-members

September 14, 2017 978 Views 0 comment Print

Assessee is an association of professional and businessman to protect and promote the interest of its members. The income of the assessee is from membership fees from its members, specialized services, services and facilities, meetings, seminars and training programmes, sale of publication etc. It is also noted that the income of the assessee from other […]

Sec. 153C Seized incriminating materials should belong to person other than the person referred to in Section 153A

September 14, 2017 2601 Views 0 comment Print

Gujarat High Court in the  case of  Kamleshbhai Dharamshibhai Patel v. Commissioner of Income Tax-III, (2013) 31 taxmann.com 50 (Gujarat)  has categorically held that it is an essential condition precedent that any money, bullion or jewellery or other valuable articles or thing or books of accounts or documents seized or requisitioned should belong to a […]

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