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Judiciary

Applicability of principles of res gestae explained and reiterated by HC

February 5, 2017 2127 Views 0 comment Print

The appellant has assailed the legality and validity of the impugned judgement of conviction under Section 302 of the IPC and sentence of life imprisonment which has been awarded to him by the trial Court in ST No.379/99 for committing murder of deceased Etwa Ram.

12.5% Addition justified in absence of direct one to one relationship between purchases and sales

February 5, 2017 2469 Views 0 comment Print

Fact that direct one to one relationship between purchases and sales have not been established, I am of the view that estimation of 12.5% as profit embedded in impugned purchases shown from these tainted parties and adding the same to the total income returned, would meet the ends of justice.

Penalty notice without specifying that it is for ‘furnishing of inaccurate particulars of income’ or for ‘concealment of income’ is fatal

February 5, 2017 3138 Views 0 comment Print

These Appeals under Section 260­A of the Income Tax Act, 1961 (the Act), challenge a common order dated 11th October, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). The common impugned order deleted the penalty imposed upon the Respondent­ Assessee for the Assessment Years 2003­04, 2004­05, 2005­06 and 2006­-07.

Section 148: Onus to prove Service & Proper Service of Notice is on AO

February 5, 2017 3663 Views 0 comment Print

he factum of issuance of notice within time is to be proved on query by the authority whose jurisdiction is challenged for want of The aggrieved party cannot be asked to lead negative evidence in support of its claim.

Allowability of Deduction U/s. 80-IB(10) on income from sale of Floor Space Index (FSI)

February 5, 2017 2967 Views 0 comment Print

AO declined assessee’s claim of deduction on the plea that the profit claimed as deduction u/s 80-IB(10) of the Act was not derived from the housing project but from sale of unutilized FSI.

Disallowance cannot be made by only giving weight age to nomenclature and without seeing real purpose for payment

February 3, 2017 1278 Views 0 comment Print

Where assessee paid amount to deliveryman to deliver the newspapers and delivery persons were nothing but casually engaged labourers and they have no other work to perform and assessee had wrongly debited the amount as commission in its books, AO was not justified in making dis allowance under section 40(a)(ia) for no TDS by only giving weight age to nomenclature and without seeing the real purpose for payment.

TDS is deductible as per nature of services and not on the basis of number of recipients

February 3, 2017 22983 Views 0 comment Print

TDS rates are fixed on the basis of nature of the services or contract and not on the basis of the number of recipients of the payment. When the intention of both the parties is clear that the payments shall be made for each of the service independently, then, the services are clearly ascertainable and divisible. The TDS rates for each of the services would therefore vary.

Addition to shareholder for on money paid to / by company not justified

February 3, 2017 1281 Views 0 comment Print

AO failed to appreciate that company is an independent entity and distinct person. The action of the company will not have any bearing on the shareholders. AO has no jurisdiction to charge anything in the case of assessee over the dealings of any other person.

Calcutta HC upheld vires of Sections 7, 8 and 9 of IBC, 2016

February 2, 2017 2637 Views 0 comment Print

Akshay Jhunjhunwala & Anr. Vs Union of India (Calcutta High Court) The petitioners have assailed the vires of Sections 7, 8 and 9 of the Insolvency and Bankruptcy Code, 2016. Learned Senior Advocate appearing for the petitioners has submitted that, the second respondent is a corporate debtor in respect of whom a proceeding under the […]

Trustees cannot be assessed in personal capacity if Beneficiary share is determinable

February 1, 2017 1467 Views 0 comment Print

Once the shares of the beneficiaries are found to be determinable, the income is to be taxed of that respective sharer or the beneficiaries in the hands of the beneficiary and not in the hands of the Trustees which has already been shown in the present case.

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