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Judiciary

Commission paid against Guarantee by Directors in violation of RBI guidelines is not allowable

June 19, 2017 9576 Views 0 comment Print

Assessing Officer to examine from the original bank documentations/ agreements/ sanction letter and to ascertain whether the requirement of non-payment of commission to the guarantors was incorporated in the terms and conditions of bank for sanctioning of credit limit or whether any undertaking to this effect was taken from the company or not in terms of RBI guidelines noted above.

Delhi HC order on Online Access to Legislations

June 19, 2017 1536 Views 1 comment Print

The present matter has brought forth the problems faced by citizens in free access to accurate and comprehensive sets of laws in India. The availability of accurate legal texts, at minimal cost, is fundamental to the rule of law and a basic responsibility of the Government. With the advent of the internet, it is imperative that the Government make all efforts possible to provide comprehensive access to legislations and subordinate legislations online. While efforts have been made in this arena, a lot remains to be done.

If transactions are at ALP no further income can be said to be attributable to assessee in India from PE

June 19, 2017 2337 Views 0 comment Print

Assessee- company was engaged in business of broadcasting of sports channel, namely Ten Sports across globe, including India. Its subsidiary (Taj India) was appointed as exclusive distributor of TV Channel Ten Sports to cable operators and other permitted systems on principal-to-principal basis.

Sale of Attached Property after 3 years not barred by Limitation when Settlement Commission order not become Final

June 19, 2017 5166 Views 1 comment Print

In a recent ruling, the division bench of the Bombay High Court held that the assessee cannot claim that the sale of attached property is time-barred under Rule 68B of the Second Schedule, where he has applied to Settlement Commission for extension of time for payment of demand as per Order of Settlement and his application is pending and writes to TRO for putting sale on hold based on such application.

Reassessment cannot be initiated merely on report of Valuation Officer

June 19, 2017 2751 Views 0 comment Print

Thus, it appears that only on the basis of the valuation report received from the said officer – Assistant Valuation Officer, the assessing authority sought to reopen the proceeding under Section 147 of the Act, 1961 which is clearly not an information for reopening the assessment proceeding

CIC criticises Casual Approach of I-T Dept. in responding RTI application

June 16, 2017 1026 Views 0 comment Print

The Court directed the department to form a Vigilance Cell to ensure that there is a monitoring authority, which would monitor various policy decisions which are taken. It also directed the setting up of a self auditing mechanism to ensure that the income tax assessees are not made to run from pillar to post for the purpose of redressal of their grievances.

Why BCCI not been made Public Authority Under RTI Act?: CIC

June 16, 2017 1626 Views 0 comment Print

Central Information Commissioner, Prof. M Sridhar Acharyulu, in the case of Subhash Chandra Agrawal Vs. PIO, Department of Sports, declared the BCCI to be a public authority and directed the Board to disclose information sought by the RTI applicant.

Donation to uplift living condition of manual scavengers form part of Corpus despite no specific instruction

June 16, 2017 1200 Views 0 comment Print

The issue is one, namely, whether the assessee was entitled to claim benefit of section 11(1)(d) of the Income Tax Act,1961 with respect to Government grant of Rs. 8.97 crores received during the assessment year in question.

Bombay HC Restrains Amul From broadcasting TV Ads expressing opinion on Kwality Walls ice cream

June 16, 2017 7494 Views 0 comment Print

The Bombay High Court has restrained Gujarat Co-operative Milk Marketing Federation Ltd (GCMMF), which markets ice cream under brand name Amul, from broadcasting two television advertisements as they were disparaging towards plaintiff’s product, Kwality Walls.

Notice by affixture to avoid expiration of time limit to serve notice is invalid

June 16, 2017 2547 Views 0 comment Print

The inaction or delay on the part of the assessing officer in issuing notice under section 143(2) of the Act cannot be a ground to straightway effect service by affixture.

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