 Judiciary
Displaying 1170 - 1180 of 1440 in 144 pages
By kavita jain On 11 January 2008 at 11:08
From the statutory provisions, it is clear that to hold a person responsible under the Act, it must be shown that he/she is a ‘principal officer’ under section 2(35) of the Act or is ‘in charge of’ and ‘responsible for’ the business of the company or... Continue Reading
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By kavita jain On 10 January 2008 at 21:18
The conditions precedent for invoking the provisions of section 158BD thus, are required to be satisfied before the provisions of the Chapter XIV-B are applied in relation to any person, other than the person whose premises had been searched under se... Continue Reading
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By kavita jain On 09 January 2008 at 16:08
The scope and ambit of a proceeding for rectification of an order under section 154 and a proceeding for revision under section 263 are distinct and different. Order of rectification can be passed on certain contingencies. It does not confer a power ... Continue Reading
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By kavita jain On 09 January 2008 at 14:25
The expression ¡¥commercial expediency¡¦ is an expression of wide import and includes such expenditure as a prudent businessman incurs for the purpose of business. The expenditure may not have been incurred under any legal obligation, yet it is allow... Continue Reading
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By CA.Saibaburao Nanduri On 09 January 2008 at 09:54
Held by the Hon`ble Court that, unless the A.O. had rejected the entire books of accounts to be totally unreliable and finding extreme perversity in declaration of debts to be bad debts the stand of assessee cannot be ignored by the revenue. Therefor... Continue Reading
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By CA.Saibaburao Nanduri On 09 January 2008 at 09:54
Held by the Hon`ble Court that, it is not open to the assessing authority to embark upon any other enquiry and reopen the case which is already decided by the Tribunal in the favour of the assessee.
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By kavita jain On 08 January 2008 at 21:50
It is well-settled that in a best judgment assessment, there is always a certain degree of guess work. No doubt, the authorities concerned should try to make an honest and fair estimate of the income even in a best judgment assessment, and should not... Continue Reading
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By kavita jain On 07 January 2008 at 12:59
Existence of mens rea is essentially a question of fact. The Tribunal alone, as the highest authority empowered to determine the question of fact, would be entitled to go thereinto. However, the same would not mean that the High Court will have no ju... Continue Reading
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By kavita jain On 05 January 2008 at 17:27
The scope and effect of section 147, as substituted with effect from 1-4-1989, as also sections 148 to 152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate cla... Continue Reading
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By CA.Saibaburao Nanduri On 04 January 2008 at 14:59
Held by the Hon`ble Bench that whenever the law provides any concession for its rigors, the observance and satisfaction of the qualifying criteria are presumed and section 44AD would not operate to curtail the scope of section 2(24) read with section... Continue Reading
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