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Judiciary

Denial of Service tax refund without specifying documents required from assessee is not valid

October 8, 2013 1487 Views 0 comment Print

The adjudicating authority shall give in writing details of the documents he requires from the appellant apart from the documents already supplied within seven days of receipt of this order and thereafter the appellant shall supply the documents within seven days and thereafter the adjudicating authority shall decide the claim of refund within fifteen days.

Disallowance U/s 14A/ Rule 8D on shares held as stock-in-trade

October 8, 2013 1962 Views 0 comment Print

Assessee-company is a dealer and trader in shares and securities. Its various business segments are: Futures & Options (F&O) in shares and securities, shares transactions in the cash and derivative markets, speculation business therein (the above classifications may bear some overlapping).

Deduction U/s. 54F allowable even if construction is not complete if Assessee invests the amount within stipulated time

October 8, 2013 3477 Views 0 comment Print

Condition precedent for claiming benefit u/s 54F is the capital gain realized from the sale of capital asset should have been parted by the assessee and invested either in purchasing a residential house or in constructing a residential house.

Non-Government Organizations substantially funded by govt fall within RTI ambit: SC

October 8, 2013 4155 Views 0 comment Print

Consequently, even private organizations which are, though not owned or controlled but substantially financed by the appropriate Government will also fall within the definition of public authority under Section 2(h)(d)(ii) of the Act.

Prosecution of Government Servant without prior permission not valid – SC

October 5, 2013 9110 Views 0 comment Print

Law on the issue of sanction can be summarized to the effect that the question of sanction is of paramount importance for protecting a public servant who has acted in good faith while performing his duty.

HRA exemption allowable on Rent Paid to wife

October 4, 2013 29240 Views 0 comment Print

Requirement of the section 10(13A) is that any allowance (by whatever name called) granted to an assessee by his employer to meet expenditure actually incurred on payment of rent in respect of residential accommodation occupied by the assessee, to such extent as may be prescribed.

TDS Credit despite non reflection in 26AS & Interest on Interest

October 4, 2013 6366 Views 0 comment Print

ITAt held on two issues 1) Grant of TDS Credit despite non reflection in 26AS Statement and Non Production of TDS Certificate 2) Grant of Interest on Interest of income Tax Refund

Sec. 234D – Applies to A.Y. commencing before 01.06.2003 if Assessment is not completed on that date

October 4, 2013 1057 Views 0 comment Print

Provisions of section 234D of the Income Tax Act, 1961 shall also apply to an assessment year commencing before the 1st day of June, 2003 if the proceedings in respect of such assessment year is completed after the said date.

Investor protection fund formed in pursuance of SEBI guidelines is fund for public charitable cause

October 2, 2013 1441 Views 0 comment Print

The assessee-trust was formed in pursuance of the Securities and Exchange Board of India (SEBI) guidelines/regulations for investor protection, with the sole aim of creating a Fund which could provide compensation to the investors in case of loss on account of default by any member of a participating, recognized Stock Exchange.

Voters have right to reject all candidates in elections : SC

September 27, 2013 1517 Views 0 comment Print

In a Landmark Judgment today the Apex Court has held in the case of People’s Union For Civil Liberties & Anr Vs. Union Of India & Anr. (WRIT PETITION (CIVIL) NO. 161 OF 2004) that that citizens have right to cast negative vote rejecting all candidates contesting polls.

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