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Judiciary

Recognition of income on accrual basis to be considered from view point of a prudent assessee

August 3, 2016 19524 Views 0 comment Print

Case Law Details Case Name : CIT Vs. M.s Neon Solutions P. Ltd. (Bombay High Court), IT Appeal No. 2251 & 2360 of 2013, 05.04.2016 Appeal Number : Date of Judgement/Order : Related Assessment Year : Courts : All High Courts (1233) Bombay High Court (292)  Download Judgment/Order  CA Saurabh Chokhra Brief of the case: 1. The Hon’ble Bombay High […]

Letter requesting for arbitration is sufficient compliance of Section 387(2) of Mun. Corp. Act, 1956

August 2, 2016 804 Views 0 comment Print

The petitioner is aggrieved by the order passed by the Additional District Judge, (FTC), Raigarh, dismissing his application under Section 387 of the C.G. Municipal Corporation Act, 1956 (in short “the Act”) on the ground that before moving an application under Section 387 of the Act, the petitioner has not served statutory notice under Section 387(1).

No disallowance of ITC for mere technical defect in VAT invoice – HC

August 2, 2016 21941 Views 0 comment Print

The Hon’ble Punjab & Haryana High Court in a crucial decision has held that input tax credit cannot be disallowed merely for a technical defect in the VAT Invoice such as non mentioning of words “Input Tax Credit is available to a person against this copy” as per Rule 54 of the Punjab VAT Rules, 2005.

Power of attorney cannot insist on continuance as attorney

July 30, 2016 21066 Views 0 comment Print

A power of attorney cannot insist on continuance as the attorney for the principal. If the principal does not desire the power of attorney to continue to represent the principal, the authorisation can always be revoked/terminated/withdrawn.

Re-evaluation of CA Exam answer books cannot be Directed: Delhi HC

July 30, 2016 24970 Views 1 comment Print

It is the contention of the appellant (A CA Final Student) that when he got the copy of the answer sheet, he found that the examiner had not properly checked the papers. It is also his contention that despite the appellant having written correct answers to the questions which also tally with the suggestive answer sheet, the appellant was awarded less marks for the various answers

Running Coaching class cannot be said as carrying CA Practice: HC

July 30, 2016 23316 Views 0 comment Print

In this case it was held that issuance of advertisements offering to take coaching classes and to impart of training to aspirants of the profession of chartered accountancy, cannot be said to be carrying on the profession of chartered accountancy.

Surplus investment in mutual funds cannot render principle of Mutuality inapplicable

July 28, 2016 18364 Views 0 comment Print

The Hon’ble Bombay High Court in the above cited case held that merely because a part of surplus was invested in mutual funds it cannot mean that it would render the principle of mutuality inapplicable more so when the invested money has to be utilized for the furtherance of association’s objectives

Notional rent payable if assessee owns more than 1 property

July 28, 2016 5389 Views 0 comment Print

Annual value of properties like the ones in case in hand which are more than one, owned by assessee and which admittedly remained vacant throughout the previous year would not be assessed U/s. 23(1)(c) but under Section 23(1)(a). The annual value would, therefore, be determined notionally

Mere Non Completion / Registration cannot be the reason for denying benefit U/s 54F

July 27, 2016 20358 Views 0 comment Print

The only issue is that when the assessee is not able to get the title of the flat registered in his name or unable to get the possession of the flat, which is under construction, due to fault of the Builder, the assessee cannot be denied deduction u/s 54F of the Act.

S. 50C Difference upto 10% in Value given by Appellant & Dept Valuer-Ignore?

July 27, 2016 8092 Views 0 comment Print

Section 50C of the Income Tax act, 1961(herein referred to as the Act) has been inserted in the Act by the Finance Act, 2002, w.e.f. 1-4-2003. This section is causing hardships, in many cases, to the assessees since its inception. Many appeals are arising in respect of this section.

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