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Judiciary

CA guilty of misconduct for allowing use of his name in Prospectus despite Resignation

September 11, 2017 1794 Views 0 comment Print

Chartered Accountant Satish Kumar Gupta had resigned as Director of BLF before opening of the public issue of BLF irrespective of the fact that his resignation was allegedly accepted on 9.9.1997, in respect whereof no material was brought on record. Having resigned before the commencement of the public issue, his name could not have appeared […]

HC cannot proceed to hear a second appeal without formulating substantial question of law

September 11, 2017 1755 Views 0 comment Print

S. 260A/27A: Meaning of substantial question of law explained. The High Court cannot proceed to hear a second appeal without formulating the substantial question of law involved in the appeal and if it does so it acts illegally and in abnegation or abdication of the duty case on Court

Exemption U/s. 11 cannot be denied for delayed-filing of audit report alongwith return due to seizure of accounts

September 10, 2017 6687 Views 0 comment Print

Conclusion: Where assessee trust could not file audit report as its accounts having been seized were released for quite a shorter time period before filing of return, however, the audit report had been filed along with revised return filed by assessee even before last date prescribed for completion of assessment, AO was not justified in denying exemption under section 11.

Practicing CA Cannot Enroll As A Lawyer: Gujarat HC

September 9, 2017 5496 Views 0 comment Print

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 […]

CBDT cannot amend the legislative provisions by issuing a Circular: SC

September 9, 2017 1749 Views 0 comment Print

The Central Board of Direct Taxes (CBDT) issued a Circular under Section 119 of the Income Tax Act,1961. In fact, it amended the provisions contained in Rule 68B of the IInd Schedule to the Income Tax Act, 1961, which otherwise have statutory force. Such legislative provisions cannot be amended by CBDT in exercise of its power under Section 119 of the Act.

There can be no tax liability without the authority of law : ITAT Mumbai

September 9, 2017 1917 Views 0 comment Print

This appeal by assessee u/s 253 of Income Tax Act (the Act) is directed against the order of ld. Commissioner of Income-tax (Appeals)-15, Mumbai dated 16.10.2012 for Assessment Year 2007-08. The assessee has raised the following grounds of appeal

SC on fixation of rent and its payment is statutory or contractual and Tax effect

September 9, 2017 1626 Views 0 comment Print

S. 37(1): in order to decide whether disputed lease rent is deductible in the year of fixation or in the year the dispute attains finality, the nature of fixation of rent, its payment, recovery etc. and whether it is statutory or contractual, have bearing. The Tribunal is required to bring the facts on record

Penalty cannot be levied for difference in Income with form 26AS due to TDS deduction on Service Tax Component

September 9, 2017 7554 Views 0 comment Print

Since the difference is reconciled at the penalty stage and claim of assessee have not been doubted or rejected, therefore, Ld. CIT(A) was not justified in confirming the levy of penalty merely because assessee conceded for addition of the amount in question.

Loss on Mutual Fund sale is Business Loss for assessee engaged in share trading business

September 9, 2017 1290 Views 0 comment Print

Assessee is engaged in the business of trading in securities and shares. In the year under consideration the assessee suffered a loss of Rs. 29,82,952/- on the sale of Mutual Fund which was held as stock in trade and as such claimed as business loss. The issue in this case is whether the amount of Rs 29,82,952/- on account of loss on sale of mutual funds can be treated as capital loss as held by the AO as against business loss shown by the assessee. It is undisputed fact that the loss has been incurred during the normal course of the business.

SC judgment on Presumption as to co-parcenary and self acquired property

September 9, 2017 9363 Views 0 comment Print

It is a settled principle of Hindu law that there lies a legal presumption that every Hindu family is joint in food, worship and estate and in the absence of any proof of division, such legal presumption continues to operate in the family. The burden lies upon the member who after admitting the existence of jointness in the family properties asserts his claim that some properties out of entire lot of ancestral properties are his self-acquired property

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