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Claims Tribunal constituted under provisions of Motor Vehicles Act, 1989 has no power and jurisdiction to review its award on merits, but the Tribunal can review its award to correct procedural as well as inadvertent mistake and in case of fraud.

October 7, 2016 4734 Views 0 comment Print

The short question that emanates for consideration in these revisions is whether the Claims Tribunal constituted under the provisions of the Motor Vehicles Act, 1989 has power and jurisdiction to review its award on merits.

Bail application u/s 438 Cr.P.C., at the behest of juvenile would lie. Issue referred to larger Bench

October 6, 2016 4587 Views 0 comment Print

1. This is first bail application filed under Section 438 of the Code of Criminal Procedure seeking grant of anticipatory bail to the applicant in connection with Crime No. 90 of 2016 registered at P.S. Sakti, Distt. Janjgir Champa (C.G) for the offence punishable under Sections 341, 294, 506, 186, 332, 353/ 34 of IPC. […]

Co-op Hsg. Society bound to transfer membership in the name of nominee

October 6, 2016 24571 Views 2 comments Print

Nominee of Deceased Member is absolutely entitled for the Ownership by transfer, Co-op. Soc can’t challenge the right of Nominee a settled Law of the land. No legal heirship, court order or succession certificate is required.

VAT not liable on Material used in providing Pest Control Service

October 6, 2016 4252 Views 0 comment Print

In a recent judgment dated 22.09.2016, rendered in the case of State of Gujarat v/s Bharat Pest Control, the Gujarat High Court has held that pesticides and chemicals used in pest control service cannot be subjected to value added tax.

Threatening letter to initiate legal proceedings if dues not paid is professional misconduct

October 5, 2016 4408 Views 1 comment Print

Delhi HC held that threating letter issued by professional with reminder of unpaid professional dues is unethical conduct which is not expected by members of a civil society to be committed by a professional like that of Chartered Accountant who is looked upon by the society as a dignified professional.

Every act of a CA cannot be termed as act in professional capacity

October 4, 2016 10096 Views 0 comment Print

A CA may drive rashly and negligently and in the process may kill a human being. This conduct would be an offence, but not a misconduct for the purposes of the Act Similarly , in the instant case , the respondent was acting as an individual in his dealings with the complainant which were purely commercial. While selling the shares held by him the respondent was not acting as a Chartered Accountant. He was not discharging any function in relation to his practice as a Chartered Accountant.

Relief – Fees u/s 234E for late filing of TDS return

October 2, 2016 147364 Views 14 comments Print

The power to charge fees under the provisions of section 234E of the Act while processing the TDS statements, was dwelled upon by the Legislature by way of insertion of clause (c) to section 200A(1) of the Act by the Finance Act, 2015 w.e.f. 01.06.2015. Accordingly, we hold that where the Assessing Officer has processed the TDS statements filed by the deductor, which admittedly, were filed belatedly but before insertion of clause (c) to section 200A(1) of the Act w.e.f. 01.06.2015, then in such cases, the Assessing Officer is not empowered to charge fees under section 234E of the Act while processing the TDS returns filed by the deductor.

Provisos to S. 50C(1) inserted by FA, 2016 is retrospective & applies from 01/04/2003

September 30, 2016 19396 Views 0 comment Print

Provisos to Section 50C(1) of Income Tax Act, 1961 inserted by the Finance Act, 2016 w.e.f. 01/04/2017 are to be treated as curable in nature and would apply with retrospective effect from 01/04/2003 i.e. the date from which Section 50C was introduced.

Guarantee Commission Paid for Acquisition of Fixed Assets – Allowable as Revenue Expenditure

September 29, 2016 4066 Views 0 comment Print

Section 37(1): (1) Any expenditure (not being expenditure of the nature described in sections 30 to 36 and not being in the nature of capital expenditure or personal expenses of the assessee), laid out or expended wholly and exclusively for the purposes of business or profession

ITAT Mumbai held Gain on Sale of Penny Shares as bogus

September 29, 2016 15391 Views 1 comment Print

The Brief facts of the case are that assessee is engaged in the business of running a fast food and juice centre in Iraniwadi in Kandivali (W) under the name and style of Bhagvwati Juice Centre. Specific information was received from Addl. CIT (Inv.) , Unit-V, Mumbai that the assessee is indulging in non-genuine and […]

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