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Judiciary

Registry cannot insist on NOC from old advocate to appoint new advocate

December 2, 2016 18369 Views 0 comment Print

There is nothing known as irrevocable vakalatnama. The right of a party to withdraw vakalatnama or authorization given to an advocate is absolute. Hence, a party may discharge his advocate any time, with or without cause by withdrawing his vakalatnama or authorization.

In a writ of quo warranto, suitability of public officer cannot be gone into

December 1, 2016 3822 Views 0 comment Print

As a fallout and consequence of aforesaid discussion, the writ petition being sans substratum, deserves to be and is accordingly, dismissed at the admission stage itself leaving the parties to bear their own cost(s).

Stay on Special Audit Implies Stay of Assessment Proceedings : SC

November 30, 2016 2071 Views 0 comment Print

Section 158BC(c): Where any search has been conducted under section 132 or books of account, other documents or assets are requisitioned under section 132A, in the case of any person

Contribution by CA firm towards ICAI building is allowable expenditure

November 30, 2016 3961 Views 0 comment Print

Brief– By donating the amount, the firm had been able to attract good Articled Clerks and other professional persons who are the backbone of any professional practice. Thus there was a good professional reason for the firm to contribute to the building fund of the Branch of the ICAI. The said payment satisfies the commercial […]

S. 55(2): SC on Relevance of value declared in wealth-tax return & comparable sales

November 30, 2016 1405 Views 1 comment Print

A declaration in the return filed by Assessee under Wealth Tax Act would certainly be a relevant fact for determination of cost of acquisition which under Section 55(2) of Act to be determined by a determination of fair market value.

Expense on maintaining brand & /or corporate image is revenue expense

November 30, 2016 2173 Views 0 comment Print

If the expenditure consists of merely facilitating the assessee to carry on business more profitably leaving the fixed capital untouched, it would be on revenue account.

Section 54F exemption not available house acquired is demolished within 3 years

November 30, 2016 6189 Views 0 comment Print

Assessee will be entitled for benefit of deduction U/s. 54F of Act if he demolished new asset being residential house purchased by him within period of three years from the date of purchase in violation to Section 54F(3) of Act.

No penalty where assessee relied on professional opinion & there is no tax impact

November 30, 2016 2202 Views 0 comment Print

Tribunal noted that the respondent had claimed the set off of its business income of Rs. 1.85 crores against the brought forward business losses of the earlier years on the basis of a legal opinion received from a leading firm of Chartered Accountants dated 15.06.2001.

S. 254 Rectification application liable to be set aside if case relied not brought to bench’s attention during hearing

November 30, 2016 1246 Views 0 comment Print

ITAT held that application under the provisions of sec.254(2) seeking rectification of order passed by tribunal is maintainable only in cases where it was established that specific attention of the bench was drawn to a particular decision and the decision was specifically relied upon but not considered by the Tribunal.

Interest not allowable for investment without commercial exigencies

November 30, 2016 1297 Views 0 comment Print

The facts, in brief, are that the ld. Assessing Officer disallowed interest payment of Rs.3,61,356/- being capital introduced in M/s King Empire Developers (AOP), on the plea that the interest bearing funds were diverted, without charging any interest, out of own funds. On appeal, before the Ld. Commissioner of Income Tax (Appeal) granted relief to […]

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