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Judiciary

Reopening invalid if no nexus with reasons recorded & ‘formation of belief’

May 13, 2016 1548 Views 0 comment Print

Smt. B. Radha & Ors. Vs. DCIT (ITAT Hyderabad) The impugned issue to be considered is whether the reopening of assessment on the basis of so-called statement of Shri Ramalinga Raju (Satyam Computers) is warranted. As seen from the additions made, there is no live-link with the reasons recorded and the additions made. In fact, […]

Sale Value U/s. 50C is to be adopted for deduction U/s. 54F

May 13, 2016 5284 Views 0 comment Print

In this case assessee sold a property at Rs.20 lakhs against circle rate of 89 lakhs and spent more than a crore in construction of new residential property, exemption u/s 54F was claimed but the AO allowed exemption only with reference to 20 lakhs and balance amount was assessed as capital gain.

Prosecuting agency should be circumspect in initiating prosecution U/s. 21(2) of the POSCO Act against In-charge/Head of Institution and should allow them sufficient/reasonable time to enquire and report matter

May 12, 2016 1716 Views 0 comment Print

Invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner herein has filed the instant writ petition seeking quashment of charge-sheet filed against him by jurisdictional police in the criminal court alleging the commission of offence under Section 21 (2) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter called as “P0SCO Act”).

Exercise of S. 263 on expenses claim withdrawn by Assessee valid: SC

May 12, 2016 3133 Views 0 comment Print

Hon’ble SC held that Making a claim which would prima facie disclose that the expenses in respect of which deduction has been claimed has been incurred and thereafter abandoning/withdrawing the same gives rise to the necessity of further enquiry in the interest of the Revenue.

Primary Agricultural Credit Society can claim deduction u/s 80P

May 11, 2016 3979 Views 0 comment Print

It is held that deduction u/s 80P is allowable to a primary agricultural credit society. In the instant case , assessee being a registered society classified in bye-laws as primary agricultural credit society is entitled to claim exemption u/s 80P.

Non-Consideration of Preposition laid down by Jurisdictional HC by Tribunal in its order is an apparent mistake

May 10, 2016 1228 Views 0 comment Print

Non consideration of proposition laid down by Hon’ble jurisdictional High Court Delhi in the case of CIT vs. Holcim India (P) Ltd., reported as (2014) 90 CCH 0081 (Delhi H.C.) is an apparent mistake in the order of the Tribunal.

Registration u/s 12AA cannot be denied questioning profit motive

May 8, 2016 3022 Views 2 comments Print

HC held that while disposing off an application for registration u/s 12AA , the CIT is required only to verify the geniuses of the trust’s activity so as to ensure that the same matches with the objects stated in the trust deed.

Interim Stay order period is to be excluded for computing Limitation Period: SC

May 8, 2016 7798 Views 1 comment Print

It is not in dispute that the period during which interim stay of the order passed by the court is in operation has to be excluded while computing the period of two years as limitation period prescribed for completing the block assessment.

Disallowance U/s. 40(a)(ia) not justified for Freight charges paid but not claimed as expense

May 6, 2016 4479 Views 0 comment Print

Where assessee was earning booking charges for facilitating transport of goods and was merely a conduit in passing the freight to the truck owners, who were actually plying trucks, disallowance under section 40(a)(ia) was not justified because freight payment was not even claimed by assessee as an expense in its profit and loss account.

Corroborative evidence should be correlated to prove clandestine clearance

May 5, 2016 2095 Views 0 comment Print

it was held that in order to prove clandestine removal of excisable goods, the department should take reasonable steps and provide correlated corroborative evidence to prove that the assessee has made cladenstine removal of goods.

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