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Judiciary

Investigate leakages of Confidential Data / ITR filed by Tax Payers: CIC

April 10, 2017 16227 Views 0 comment Print

It is essential to protect the Confidential Financial Data filed by millions of Tax Payers from falling into wrong hands in the larger public interest.

Ground of lack of jurisdiction may be raised at a subsequent stage in Appeal

April 10, 2017 3978 Views 0 comment Print

The present income tax appeal under Section 260 A of the Income Tax Act, 1961 (hereinafter referred to as the Act) has been filed by the assessee against the order dated 2.3.2009 of the Income Tax Appellate Tribunal, Delhi Bench, New Delhi for the assessment year 1997-98.

Non-appearance of supplier cannot be the sole basis to terms purchase as bogus

April 10, 2017 1668 Views 0 comment Print

Non-appearance of the supplier in absence of any other corroborate evidence cannot be sole basis to justify the stand of the Revenue that a transaction of purchase is bogus

1st proviso to Sec. 68 inserted by Finance Act, 2012 is retrospective: ITAT Kolkatta

April 10, 2017 3477 Views 0 comment Print

1st proviso to Sec.68 of the Act inserted by the Finance Act, 2012 w.e.f. 1-4.2013 was only prospective in operation, we are of the view that since section 68 covers `any sum credited’ in the books without any exception

No capital gain tax on amount received from WOS for transfer of shares of WOS to a group of shareholders

April 9, 2017 2772 Views 0 comment Print

It is not in dispute that M/s Annamalaiar Textiles (P) Ltd. did not pay any amount to the shareholders who ultimately got the shares transferred in their names. The respondent was holding 100 per cent shares of M/s Annamalaiar Textiles (P) Ltd., before it was transferred to Group B. No payment was made to the shareholders belonging to Group B and, therefore, the question of there being any capital gains at the hands of the respondent herein does not arise.

Adjudicating Officer required to make an enquiry before imposing penalty

April 9, 2017 5205 Views 0 comment Print

The Adjudicating Officer under Food Safety and Standards Act, 2006 (FSS Act of 2006) is required to make an enquiry before imposing penalty over the person charged for violation of Section 26(2) of the FSS Act of 2006.

Property Tax on IBS/Boosters of Telecom Companies is Constitutionally valid : Gujarat HC

April 7, 2017 1539 Views 0 comment Print

By way of this petition under Article 226 of the Constitution of India, the petitioner as such challenges the levy of General Property Tax on IBS / Booster installed by the petitioner. The petitioner has also by way of amendment prayed for an appropriate writ, direction and order to declare Section 141B of the Gujarat Provincial Municipal Corporations Act, 1949

SC stays HC order on Levy of Stamp Duty on Advertisement Agreements

April 7, 2017 1857 Views 0 comment Print

Argument that it affects the freedom of press and freedom of speech and expression as enshrined under Article 19(1) (a) of the Constitution of India, is mercurial proponement because levy of stamp duty has nothing to do with the concepts that have been highlighted by the learned counsel for the petitioner-Foundation.

Neglect to pay despite winding up notice, in law is to be deemed to be insolvent

April 7, 2017 1974 Views 0 comment Print

This petition filed by the petitioner company M/s. Shree Balkrishna Commercial Company Limited (hereinafter ‘the petitioner company’) under section 434 of the Companies Act, 1956 (hereinafter ‘the Act of 1956’) seeks winding up of the respondent company M/s. Ask Dairies Private Limited (hereinafter ‘the respondent company’) for reason of its inability to repay the due, […]

Concealed income found during search and Survey is to be distributed among all family members

April 6, 2017 2412 Views 2 comments Print

We have heard the learned counsel for the parties and perused the impugned order dated 14th December,2005 passed by the High Court of Judicature at Madras. The High Court has dismissed the appeal filed under Section 260A of the Income Tax Act,1961 on the ground that no substantial question of law arises.

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