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Judiciary

Section 54 – construction of house should necessarily be complete within two years

March 15, 1996 2629 Views 0 comment Print

In this case the assessee was denied exemption on the investments made with Delhi Development Authority. However, relief was granted by the Hon’ble High Court. It was held that section 54 of the Act of 1961 only says that within two years, the assessee should have constructed the house

Excise on goods manufactured prior to March 1, 1978 but removed on or after March 1, 1978?

February 28, 1996 801 Views 0 comment Print

The special excise duty was being levied from 1963 upto 1971 by various Finance Acts passed from time to time. It was discontinued from 1972 until 1978 when it was revived by the Finance Act, 1978. Thereafter, it was being levied from year to year by annual Finance Acts.The provisions of these Finance Acts,insofar as the levy of special excise duty is concerned,are identical

Section 54F Exemption Allowed for Delayed Completion Beyond Assessee’s Control

May 22, 1995 4757 Views 0 comment Print

Satish Chandra Gupta Vs Assessing Officer (ITAT Delhi): Relief granted for delayed house construction under Section 54 due to reasons beyond the assessee’s control.

There is no conflict between the provisions of sections 50 and 55(2) of the I-T Act, 1961

April 6, 1995 1017 Views 0 comment Print

There is no mention of ‘fair market value’ in section 50(1); besides that the adjustments stated there are with reference to the written down value only which has nothing to do with the fair market value, and therefore, where the capital asset purchased by the assessee is a depreciable or non-depreciable asset, the assessee will have the option for substituting for its actual cost of acquisition its fair market value as on 1-1-1954 but where it is a depreciable asset and the assessee has enjoyed depreciable allowance, its cost of acquisition shall have to be determined as provided in section 50 – Commonwealth Trust Ltd. v. CIT

SC Judgment on Whether apparent can be considered as real?

March 28, 1995 8361 Views 0 comment Print

Explore the Supreme Court judgment in the case of Sumati Dayal vs. CIT (Commissioner of Income Tax) and understand whether the apparent can be considered as real. The judgment emphasizes the application of the test of human probabilities and surrounding circumstances in taxation matters. Learn about the key findings of the court, the relevance of the case in assessing income, and the caution against the indiscriminate application of the judgment in various scenarios.

Order U/s. 154 includes amended order & rectified order also

January 20, 1995 5459 Views 0 comment Print

Hind Wire Industries Ltd. V CIT (1995) 212 ITR 639 SC- What falls for consideration in the present case is the interpretation of the expression from the date of the order sought to be amended in sub-section (7) of section 154 as it stood then It is obvious that the word order has not been qualified in any way and it does not necessarily mean the original order It can be any order including the amended or rectified order.

N. Nagendra Rao and Company Vs. State of Andhra Pradesh – Supreme Court

September 6, 1994 8316 Views 0 comment Print

he Judgment of the Court was delivered by R.M. SAHAI, J.- Is the State vicariously liable for negligence of its officers in discharge of their statutory duties, was answered in the negative by the High Court of Andhra Pradesh on the ratio laid down by this Court in Kasturi Lal Ralia Ram Jain v. State of U.P

SC explain principles for amending an act retrospectively

July 12, 1994 10324 Views 0 comment Print

The Apex Court in Hitendra Vishnu Thakur v. State of Maharashtra (1994) 4 SCC 602 held that a law which affects the substantive rights of any of the parties, the law cannot be retrospective. Every party has a vested right in substantative law but no such right exists in procedural law.

Employee Joined as Trainee is Eligible for Gratuity

May 2, 1994 8787 Views 0 comment Print

The issue under consideration is whether the employee joined as a trainee is eligible for gratuity as per Payment of Gratuity Act, 1972?

S. 154 : A mistake can be regarded as apparent only when it is a glaring, obvious or self-evident

January 20, 1994 11627 Views 0 comment Print

IT authorities are empowered to amend any order passed by them under the Act with a view to rectifying any mistake apparent from the record. A mistake is an omission made not by design but by mischance. A mistake apparent is a mistake that is manifest. In other words, the mistake must be so plain or obvious that it could be realised without a debate or dissertation

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