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Judiciary

Primacy to CJI’s Opinion on appointments not make Lokpal unconstitutional: SC

April 29, 2017 1110 Views 0 comment Print

Dismissing the challenge against constitutionality of certain provisions of the Lokpal and Lokayuktas Act, the Supreme Court has held that the Constitution does not mandate that in all matters concerning the appointment to various offices in in different bodies, primacy must be accorded to the opinion of the Chief Justice or his nominee.

SC Accepts Rs. 2,000-Cr Cheques by Sahara Chief Subrata Roy

April 29, 2017 2436 Views 0 comment Print

The Supreme Court on Thursday granted relief to beleaguered Sahara Group boss Subrata Roy, but warned him that he would be sent back to jail if cheques given by him today are not realised by June 19. Sahara has given two cheques of around ₹ 2,000 cr and committed to pay ₹ 3,000 crore more by October end.

HC finds trial court judgment as one of worst judgment they ever seen

April 29, 2017 2958 Views 0 comment Print

In paragraph 24 of the judgment, the trial Court has extracted the alleged confession statement of all the accused in full ignoring the bar contained in Section 25 of the Evidence Act and has concluded that the accused 3 to 5 held the deceased and accused 2 attacked the deceased with a wooden rod and the first accused accused attacked the deceased with crowbar.

Lokpal cannot be kept Pending for vacancy in Selection Committee: SC

April 29, 2017 1659 Views 0 comment Print

Under Section 4 of the Act, the Chairperson and Members of the Lokpal are required to be appointed by the President on the recommendations of a Selection Committee consisting of- (a) the Prime Minister – Chairperson; (b) the Speaker of the House of the People – Member; (c) the Leader of Opposition in the House […]

Section 80-IB(10) If Authority excluded open terrace from working of built-up area than revenue cannot review the same

April 28, 2017 2745 Views 0 comment Print

In a significant ruling, the ITAT Chennai held that the private open terrace attached with residential unit would form part of built- up area for the purpose of computing deduction under section 80-IB(10) of the Income Tax Act if the same was included in the house project approved by the local authority.

AO should allow credit of TDS deducted and deposited wrongly in assessee’s erstwhile name

April 28, 2017 4089 Views 0 comment Print

The learned Commissioner (Appeals)-3, Bengaluru has erred in not allowing credit in respect of TDS deducted and deposited by certain customers wrongly in the erstwhile name of the appellant (IT &T Technology Services Limited now known as IGATE Infrastructure Management Services Limited) of Rs. 61,84,211.

No specific format is provided U/s. 14A for recording satisfaction

April 28, 2017 1428 Views 0 comment Print

Since, no specific format is provided under the Act for recording satisfaction for making dis allowance under section 14A, AO was not required to give detailed reasons for invocation of rule 8D(2) in view of the fact that assessee failed to discharge its primary onus of proving nexus between interest-free funds and the investments yielding tax- free income.

Interest on Fixed Deposits received by society from Bank is Taxable

April 28, 2017 5943 Views 0 comment Print

In assessee’s case, the bank is not even a member of the society. The nature of the transaction between the assessee and the bank would disqualify application of the principle of mutuality. Therefore, the transactions with the bank who is not even a member of the society cannot be considered as a transaction for which […]

Income from leasing of factory premises after discontinuing business is taxable as Income from other sources

April 28, 2017 6297 Views 0 comment Print

When the business asset of the assessee is let out but after discontinuing the business activity of the textile mill then the rental income cannot be treated as income from house property however the same would be assessed as income from other sources.

Assessee entitled for Credit of TDS deducted in erstwhile name

April 28, 2017 3558 Views 0 comment Print

The credit of TDS deducted and deposited in the old name and old PAN No. and the credit of the same was not given to the assessee on account of mismatch, though entity is the same.

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