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Judiciary

A person suspected of an offence cannot be forced to undergo Narco-analysis, BEAP and polygraph tests without his consent

March 8, 2016 2391 Views 0 comment Print

The scientific question that emanates for consideration in this writ petition is legal permissibility of Narco analysis, polygraph test (lie-detector test) and BEAP (Brain Electrical Activation Profile) test to be conducted against the will and without consent of a person suspected of an offence, subjected to either of the test(s).

Assessment time cannot be extended if it already becomes time barred: SC

March 8, 2016 4129 Views 0 comment Print

Supreme Court, in State of Punjab Vs. M/s. Shreyans Indus Ltd., has held that power of the Sales Tax Commissioner to extend the time to pass an order on assessment is to be exercised before the normal period of assessment expires.

Prior permission to transfer Cenvat Credit after Amalgamation/Merger

March 6, 2016 6394 Views 2 comments Print

No Specific Stipulation Contained In Rule 10 of The Cenvat Credit Rules, 2004 Regarding Prior Permission From The Statutory Authorities For Transferring The Cenvat Credit As A Result Of Amalgamation/Merger: CESTAT Delhi

Liaison office not in core business activity, not constitute PE

March 5, 2016 1942 Views 0 comment Print

A plain reading of the power of attorney, makes it clears that the powers given therein are liaison office specific. The AO’s conclusion that the power of attorney granted unfettered powers to its liaison office’s employee, to do all or any acts for and on behalf of the assessee, is incorrect.

Sec. 271(1)(c)-Penalty without specific charges is not maintainable

March 5, 2016 2596 Views 0 comment Print

The AO has not given his findings, for levying the penalty, for each issue separately, with respect to the satisfaction of the AO for each of the issue respectively, nor has he given a finding for each issue separately as to whether there was a concealment of income or furnishing of inaccurate particulars of income.

MAT credit to be calculated after surcharge and Cess

March 4, 2016 31936 Views 0 comment Print

As per sec.115JB (2A), the tax credit shall be the difference of tax paid for any AY under 115JB(1) and the amount of tax payable on his total income computed in accordance with the other provisions of this Act.

Petitioners/dealers carrying-on their business in railway area are liable to pay entry tax under the Chhattisgarh Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976.

March 4, 2016 570 Views 0 comment Print

Hon’ble Shri Justice Sanjay K. Agrawal Order On Board  1. The important question of law that emanates for consideration is whether the Entry Tax under the provisions of the Chhattisgarh Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976 can be levied upon the goods brought into railway area where the petitioners are carryingon […]

Courts should not make adverse remarks agianst party/litigant unless really necessary for just decision of case and opportunity of hearing should be afforded before making such remarks

March 4, 2016 3195 Views 0 comment Print

Seeking expunction of certain offending/objectionable remarks in the judgment delivered on 09.12.2014 by learned Second Additional Sessions Judge, Sakti, District Janjgir-Champa (Chhattisgarh) in Sessions Trial No. 21/2014 in the matter of State of Chhattisgarh v. Gangaram Bareth and others, the petitioner herein has filed this writ petition on the following factual backdrop:-

SC explains jurisdiction for filing Appeal with Labour Court

March 4, 2016 12823 Views 2 comments Print

Employee Aggrieved By His Termination Can Move Labour Court Where He Had Been Employed Or Where The Company Headquarters Is Located: SC

Sec. 263-Revision valid where no enquiry/verification of provisions

March 4, 2016 1156 Views 0 comment Print

AO has not made any enquiry with respect to the claim of deduction of the assessee company with respect to provisions for warranty charges, excise duty, sales tax and liquidity damages amounting to Rs.17.72 crores.

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