Commonwealth Law Reports

Section 234D of the IT Act does not apply to assessments prior to June 2003

CLR Editorial Note: This case law refers to a Petition(s) for Special Leave to Appeal which is in respect of retrospectivity of Section 234D of the Income Tax Act, 1961. For the Assessment Year 1998-99, the Assessing Officer passed an assessment order prior to 01st June 2003, in which interest under section 234D was not levied. The assessee… Read More

Tags: AppealCITCommonwealth Law ReportsHigh CourtHonIncome Tax Act 1961Supreme CourtThe Honourable

TDS Credit has to be given despite TDS Certificate entry is not displayed in Form 26AS

CLR Editorial Note: In this case or TDS credit, the assessee claimed credit for TDS which was denied by the Assessing Officer on the ground that the claim did not match the entries shown in Form No. 26AS and that there was a discrepancy. On appeal by the assessee, the CIT(A) held that the assessee… Read More

Tags: Bombay High CourtCommonwealth Law ReportsDelhi High CourtIncome taxIndiaOrder of AustraliaTaxTax Deducted at SourceTDS

HC issues strict guidelines in order to end CBDT™s TDS credit & refund adjustment harassments

CLR Editorial Note: A letter dated 30th April 2012 was addressed to the High Court, by Anand Parkash, FCA, in which numerous problems were highlighted which mentioned about the hassles being faced by assesses across the Country owing to the faulty processing of the Income Tax Returns and non-grant of TDS credit & refunds. It was claimed… Read More

Tags: Case LawsCaselawsCBDTCommonwealth Law ReportsHigh CourtIncome taxOrder of AustraliaTaxation in IndiaTDSThe Honourable

Due-Date for Filing Returns of Income in Cases of Income Tax Assessees in Gujarat Extended upto 14th October 2013

On consideration of reports of dislocation of general life caused due to recent heavy rains and floods in the State of Gujarat, the Central Board of Direct Taxes (CBDT) has extended the ˜due-date™ for filing Returns of Income from 30th September, 2013 to 14th October, 2013, in cases of Income Tax assessees in the State… Read More

Tags: CBDTCentral Board of Direct TaxesCommonwealth Law ReportsGujaratIncome taxTaxTaxation in IndiaUnited States

Case Laws :: Sec 192 explains TDS obligation on Medical Reimbursement & LTC components of a CTC of an employee

CLR Editorial Notes: In this case related to TDS and LTC of an employee, it was noticed that the assessee (in this case - Infosys BPO, Bangalore) had recruited employees under a contract of employment which provided the salary as a ˜cost to company™ or ˜CTC™. Once the employee had determined the CTC, he/she was permitted… Read More

Tags: BangaloreBusinessCommissioner of ITCommonwealth Law ReportsIncome taxIT ActLeave Travel AllowanceLTCPaymentSalarySection 192 of the IT ActTax Deducted at SourceTDS

Trade Marks Journal No:1597 Dated 15th July 2013

The Trade Marks Journal No:1597 Dated 15th July 2013 is available for download. Trade Marks Journal No-1597 Dated 15th July 2013 Read More

Tags: Commonwealth Law ReportsFourth of JulyHealthHolidayJournalsJuly 2013Statute

Trade Marks Journal No:1596 Dated 8th July 2013

The Trade Marks Journal No:1596 Dated 8th July 2013 is available for download. Trade Marks Journal No 1596 Dated 8th July 2013 Read More

Tags: chartered accountantCommonwealth Law ReportsCompany SecretaryFourth of JulyHealthHolidaysIndiaIndirect taxJournalsJuly 2013Management consultingStatute

Trade Marks Journal No:1595 Dated 1st July 2013

The Trade Marks Journal No:1595 Dated 1st July 2013 is available for download. Trade Marks Journal No 1595 Dated 1st July 2013 Read More

Tags: Commonwealth Law ReportsHealthJournalsJuly 2013RecreationReligion and SpiritualityStatute

CLR Snippets | ACC Appointments

The Appointments Committee of the Cabinet has approved the appointment of Shri Pramod Kumar Anand, IAS (RJ:83), Joint Secretary, Department of Rural Development, Ministry of Rural Development as Senior Adviser, Planning Commission in the pay of Additional Secretary. Read More

Tags: Appointments ClauseAppointments Committee of the CabinetCommonwealth Law ReportsIndiaIndian Administrative ServiceJoint SecretaryMinistry of Rural DevelopmentPlanning Commission

Customs Designates Sh.G.S.Sarna as DG(Safeguard) & DG(Specific Safeguard)

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART-II, SECTION-3 SUB-SECTION (i)] Government of India Ministry of Finance Department of Revenue Notification No. 77 /2013-Customs (N.T.) New Delhi, the 19th July, 2013 G.S.R. No.   (E)  In exercise of the powers conferred by sub-rule (1) of Rule 3 of theCustoms Tariff (Transitional Product Specific Safeguard Duty) Rules, 2002 and in… Read More

Tags: Central GovernmentCommonwealth Law ReportsGazette of IndiaGovernment of IndiaIndiaministry of financeNew DelhiNotification system

Official Journal of the Patent Office Part I, II(Design) 26th July 2013

In view of the recent amendment made in the Patents Act, 1970 by the Patents (Amendment) Act, 2005 effective from 01st January 2005, the Official Journal of The Patent Office is required to be published under the Statute. This Journal is being published on weekly basis on every Friday covering the various proceedings on Patents as required… Read More

Tags: Commonwealth Law ReportsDesigns & Trade MarksIntellectual propertyOfficial JournalPatentPatent ActStatute

Identification of Unserved Intimation under section 143 (1) for cases processed prior to 31-03-2010

Hon'ble Delhi High Court vide judgment in case of Court On its Own Motion v. UOI and Ors. in W.P. (C) 2659/2012 dated 14.03.2013 has issued Seven Mandamus for necessary action by income-tax Department one of which is regarding non-enforcement of Demand where no intimation under section 143(1) of Income-tax Act,1961 was sent by field-authorities in refspect of returns which were… Read More

Tags: CBDTCommonwealth Law ReportsDelhi High CourtHonIncome taxTaxation in IndiaThe HonourableUnited States

Section 54/54F deductions are allowed for purchase of multiple independent house units

Ratio Decidendi: The Andhra Pradesh High Court decided in this case that the ITAT Special Bench Verdict on purchase of multiple under Section 54/54F is not good law. A purchase of two residential flats entitles the buyer to an exemption u/s 54 of the IT Act with respect to capital gains on sale of the properties. CLR… Read More

Tags: Andhra Pradesh High CourtCapital GainCITCommonwealth Law ReportsHyderabadIncome taxOrder of AustraliaRatio decidendi

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