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Case Laws

  • TRIBUNAL CANNOT SUO MOTU REOPEN THE MATTER AFTER PRONOUNCING DECISION

    In this article the point for discussion is whether the Tribunal can reopen the matter after it pronounces its decision with reference to decided case law.

    Rule 26 of Customs, Excise and Service Tax Appellate Tribunal (Procedure) Rules, 1982 provides that every order of the Tribunal shall be in writing and shall be signed and dated by the Members constituting the Bench concerned.   Last date of hearing of the matter shall be typed

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  • Delhi High Court Decision on Refund of TDS

    We have examined the counter affidavit filed by the Revenue/Income Tax Department. In the counter affidavit it has been acknowledged and accepted that the tax payers are facing difficulties in receiving credit of Tax Deducted at Source (TDS for short). It is also accepted that tax payers are facing difficulties in getting refunds on account of adjustment towards arrears.
    2. In the counter affidavit steps taken by the Revenue to

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  • Recent Decisions on Capital Gains as reported

    Reported in (2012) 52 SOT 327 (Mum.) (Trib.)

     

    The assessee earned capital gain from sale of ancestral property. The assessee claimed exemption u/s 54F in respect of amount invested towards purchase of four flats which were converted into one residential unit. The AO allowed exemption only in respect one flat by holding

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  • Legal Decisions VS departmental circular

    In the Indirect Tax Bracket net, there would be plethora of case laws passed by various Tribunals, High Courts and Supreme Court.  Further, the CBEC also clarifies the issues to the Industry by way of Circular, Trade Instructions.  There may be a scenario, where there would be contradictory view between the Legal Decisions and Departmental Circular.  In such a case, which will prevail whether departmental

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  • Legal Decisions On Income-tax

    Would an assessee be entitled to exemption under section 54 in respect of purchase of two flats, adjacent to each other and having a common meeting point?

     

    CIT v. Syed Ali Adil (2013) 352 ITR 0418 (A.P.) The assessee-individual had inherited an ancestral house property,

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  • Significant Legal Decisions On Recent Case Laws - Income Tax by CA.Priya Subramanian

    Can the Assessing Officer issue notice under section 154 to rectify a mistake apparent from record in the intimation under section 143(1), after issue of a valid notice under section 143(2)?

     

    CIT v. Haryana State Handloom and Handicrafts Corporation Ltd. (2011)

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  • A phase of Transformation towards Perfection in Decision Making By Swapnil R. Jain

    Introduction

    “The real danger is not that Computers have begun to think like Men, but that in years to come

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  • Latest Legal Decisions Incoe Tax - CASE LAWS

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  • Leasing decisions By Mukesh khedar

     

    Leasing decisions By Mukesh khedar

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  • Legal Decisions – Indirect Tax Laws 2014-15

    Central Excise

    CCEx. v. Ciens Laboratories 2013 (295) ELT 3 (SC) Facts of the case:

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  • Legal Decisions – Income-tax

    What is the nature of expenditure incurred on glow-sign boards displayed at dealer outlets - capital or revenue? CIT v. Orient Ceramics and Industries Ltd. (2013) 358 ITR 49 (Delhi) High Court’s observations:

    Investments decisions by anita Khedar

    Investments decisions

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  • Amendments in CGST Rules Since 1 Year Of Implementation of GST & Analysis of Amendment Acts 2018

    Notification No.

    Date

    Amendment in CGST Rules

    Changes In

    3/2017-CT

    19th June, 2017

    Introduction of

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  • Case Laws- 21 Scandals, Settlements and Corporate Crimes of Big 4 Accounting Firms in 2019-20

    As Financial Reporting Council (FRC) none of the Big Four – Deloitte, EY, KPMG, and PwC managed to surpass the 90% target of its audits. With audit quality not up to the mark, audit firms need to take steps to identify the problems and take proper actions to improve quality of audit. Investors hard earned money, people’s pension plans, stakeholder’s livelihood, a lot depends on the auditors. Inefficiency in audit is resulting in loss of this

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  • Who can use ITR 1, ITR 2, ITR 3 and ITR 4 Sugam for A.Y. 2021-22

    The start of a tax year marks the beginning of many timelines with the filing of return of income occupying a prime spot. As much as tax return filing is the bounden duty of every taxpayer, it is also pertinent to use the correct Form so that the requisite disclosures are made and penal consequences not triggered. Selecting the appropriate Form is only the starting

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  • Article on Faceless Income Tax Appellate Tribunal – Opacity In The Name Of Transparency

    The contribution of the Tribunal set up under the provisions of the Income-tax Act, 1961, is perhaps underappreciated and under emphasised in today’s legal world where rapid tribunalisation has become a norm rather than an exception in the pursuit of dispensing fair, transparent and rapid justice to the litigants. The taxpayers that have found themselves on the

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  • Guide on Section 54 – Date of Possession Vs. Date of Sale Deed

    As mentioned in CIT’s order (para 5), the window of purchase of new asset available to the assessee and his wife is from 24.05.2011 to 24.05.2014. The CIT considered the absolute sale deed dated 06.04.2011 as the date of purchase of new assets. Therefore, according to the CIT, the purchase of new asset was one year prior to the date of sale of the original asset

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  • Case Laws- PILCOM Vs Commissioner of Income Tax

    CASE ANALYSIS

    PILCOM v. COMMISSIONER OF INCOME TAX (C.I.T.)

    A.I.R. 2020 S.C. 204

    Bench:

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  • Income Tax Return Processing- An Analysis

    Income tax return filing
    The taxpayers should file their income tax returns by the due date to avoid any late fees and the penalty. The ITR processing starts only with the filing of the return; it can be on time or after the due date. However, it is also advisable to file the

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  • Article on Section 194A – TDS on Interest other than Interest on Securities

    What is Section 194A?
    This section is only applicable to a resident. Thus, the provisions of section 194A are not applicable in case of payment of interest to a non-resident.
    Payments made

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