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Application for compassionate appointment filed by the dependent of a Government servant who died prior to 1-11-1997 cannot be considered by the Government of Chhattisgarh in view of policy decision of State Government

November 7, 2016 1290 Views 0 comment Print

Application for compassionate appointment filed by the dependent of a Government servant who died prior to 1-11-1997 cannot be considered by the Government of Chhattisgarh in view of policy decision of the State Government.

Set off of LTCG on sale of Land against Loss on off-market sale of shares

November 7, 2016 3213 Views 0 comment Print

By adopting tax planning, long-term loss on sale of shares suffered by assessee on off-market sale transactions can legitimately be adjusted against long-term capital gains on sale of land.

Section 80IA Incidental income of telecom business, eligible for deduction

November 7, 2016 2809 Views 0 comment Print

Assessees engaged in providing telecom services deduction u/s 80IA shall be allowed in respect of even those incidental incomes earned during the course of telecom business

Chhattisgarh Rajya Anusuchit Janjati Ayog not conferred with adjudicatory function

November 7, 2016 2460 Views 0 comment Print

Disputing the legality, validity and correctness of the order dated 27.7.2012 (Annexure P/1) passed by the Chhsttisgarh Rajya Anushuchit Janjati Aayog (hereinafter called as “the Commission”), the petitioner has filed this writ petition under Article 226/227 of the Constitution of India.

Treatment as per Income Tax & Ind AS on slump sale between common control entities

November 4, 2016 31809 Views 0 comment Print

Treatment as per Income Tax Act and Indian Accounting Standard in case of Slump sale / Sale of Division/ sale of undertaking between entities under common control for acquirer Common Control: Common control business combination means a business combination involving entities or businesses in which all the combining entities or businesses are ultimately controlled by […]

Disallowance of exemption not justifiable for non-mentioning of specific objective in Form No. 10

November 2, 2016 5880 Views 0 comment Print

CIT Vs Gokula Education Foundation (Karnataka High Court) Facts- Assessee claim an amount of INR 93,46,716 under section 11(2) by filing Form No. 10. In Form No. 10, assessee mentioned the object as ‘towards the object of the Trust’. Assessee filed revised Form No. 10 briefly specifying the object which was accepted by the Commissioner […]

Transfer of criminal case not permissible on imaginary or artificial apprehension that justice may not be done

October 27, 2016 4299 Views 0 comment Print

The principle that there should not be an apprehension on the part of the party to the case that justice will not be done is not to be applied in extract terms nor the principle that once one of the accused in the case has lodged a complaint against the presiding officer, the case should necessarily be transferred.

Statutory presumption is always in framing of charge until demonstrated otherwise

October 24, 2016 1050 Views 0 comment Print

The challenge in this petition is to the order dated 07.07.2016 passed by the Additional Sessions Judge, Durg in Sessions Trial No.33 of 2016 whereby the application filed u/s 227 of the Code of Criminal Procedure to discharge the petitioner was rejected. Consequently the charges were framed against the petitioner under Sections 307, 323 read with section 506 Part-II of IPC. The impugned order is filed as Annexure P-1 and the charges so framed is filed as Annexure P-2.

Indirect control by Govt over an office will not render it as office of profit

October 24, 2016 879 Views 0 comment Print

This election petition is concerned with the election held in respect of Legislative Assembly Area No. 83 of Kondagaon constituency wherein the voting took place on 11.11.2013 and the result of the election was declared on 08.12.2013 and the respondent Mohanlal Markam was declared as returned candidate. The following is the position of votes secured by the candidates :

Computerised Machines not eligible for Depreciation @60%

October 22, 2016 18508 Views 1 comment Print

Appendix I in Income Tax Rules, 1962 in respect of rates at which depreciation is admissible provides depreciation on computers including computer software @ 60%. Recently, in Dinamalar vs. The ITO [T.C.A.No.624 of 2016, Decided on 02.09.2016], the assessee in respect of the claim of depreciation on computers and computer peripherals, claimed depreciation on the items, viz.

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