Court : Supreme Court of India
..... in practice shall be deemed to be guilty of professional misconduct, if he 6 accepts in a financial year, more than specified number of tax audit assignments under section 44ab of the income-tax act, 1961. the specified number being 30 in a financial year, whether in respect of corporate or non-corporate assesses. one k. bhagavatheeswaran, who ..... allowed to continue.7. we have heard the learned counsel for the parties and have perused the records.8. section 44ab of the income-tax act, 1961 was inserted in the statute book by the finance act, 1984 and the same came into force w.e.f. 01.04.1985. section 44ab provides that every person carrying on business ..... at present 60 under section 44ab of the income-tax act, 1961. further, section 22 of the chartered accountants act, 1949 defines professional or other misconduct to include 2 any act or omission provided in any of the schedules to the act. clause (1) of part ii of the second schedule to the act stipulates that a member of the institute, .....
Tag this Judgment!Court : Supreme Court of India
..... considering the question as to whether a particular item in the hands of a citizen can be regarded as his income or not, it would be inappropriate to apply the tests traditionally prescribed by the income tax act as such.56. this court held that legislature has not travelled beyond the legislative field while enacting the impugned ..... we hold, as we are asked to do, that the meaning of the word income has become rigidly crystallized by reason of the judicial interpretation of that word appearing in the income tax act then logically no enlargement of the scope of the income tax act, by amendment or otherwise, will be permissible in future. a conclusion so extravagant and ..... be noticed is navnitlal c. javeri vs. k.k. sen, appellate, assistant commissioner of income tax, (1965) 1 scr909 in the above case, question arose regarding constitutionality of section 12(1b) read with section 2(6a)(e) of income tax act, 1922. it was contended before this court that a loan advanced to a shareholder by the .....
Tag this Judgment!Court : Karnataka Dharwad
..... ward, kanpur and another reported in air1966sc81 while dealing with the objection regarding the maintainability of a writ petition against an administrative order of the commissioner of income tax was pleased to hold in paragraph 4 as under: 4. we shall first take the preliminary objection, for if we maintain it, no other - ..... use of common spaces, allotment of commercial spaces, their identification, earmarking of parking lots, policies and rules for designation of senior counsel under the advocates act, 1961, are taken, more often than not, with the consultation and inputs from these bar associations, in view of their representative nature.31. considering the ..... object of providing 'bar association' at all level of the courts/with affiliation/recognition extended by state bar council, regulating members of legal profession under advocates' act, 1961 and rules framed thereunder, initiation of various - 69 - statutory welfare schemes under control of u.p. bar council and state of u.p., to .....
Tag this Judgment!Court : Supreme Court of India
..... a majority of tribunals by the 2020 rules. it was argued that in respect of seven tribunals (such as central administrative tribunal, income tax appellate tribunal, customs excise and sales tax appellate tribunal, etc.), the 2020 rules impose a new condition whereby advocates without 25 years of experience are ineligible. it is ..... , and service conditions of members of the tribunals. later, madras bar association had assailed the constitutional validity of the national tax tribunal act, 2005. this court held the national tax tribunal act, 2005 to be unconstitutional.6 nonetheless, the vesting of adjudicatory functions in tribunals was held to be not violative of the ..... complaints, or other offences with respect to all or any of the matters specified in clause (2) therein. the vires of the administrative tribunals act, 1985 (enacted by parliament in furtherance of article 323a, for setting up administrative tribunals for adjudication of service disputes of public servants) was challenged in .....
Tag this Judgment!Court : Supreme Court of India
..... the high court challenging the validity of section 40(a)(iib) of the income tax act, 1961. it was the case on behalf of the original writ petitioner that the amount which is deductible in computing the income chargeable in terms of the income tax act is not being allowed under the garb of the aforesaid provision. according to ..... levy by the state government and therefore squarely covered by section 40(a)(iib) of the income tax act and therefore vat expenditure is not allowable as deduction in accordance with section 40(a)(iib) of the income tax act, while computing the income of the appellant. that the assessing 2 officer finalised the assessment and passed the assessment order ..... judgment and order passed by the high court in dismissing the said writ petition, without deciding the vires of section 40(a)(iib) 3 of the income tax act on merits, the original writ petitioner m/s tamil nadu state marketing corporation limited has preferred the present appeal.4. having heard shri rakesh dwivedi, .....
Tag this Judgment!Court : Karnataka
..... . the trial court dismissed the complaint on the ground that the complainant had no financial capacity to pay the loan amount and he has not complied section 269 of income tax act and failed to prove the existence of legally recoverable debt. the trial court has not appreciated exs.p.8 to 14 which are admitted by the accused-respondent, exbit ..... any document to show that he was having rs.6 lakhs to advance the money but he volunteers that he was having the said amount and no entry in the income tax returns. he also admits that, the loan taken and reference made in ex.p14 is not yet cleared. 2629. dw.1 also filed an affidavit reiterating his defense that ..... held by the court below that the complainant has not produced any documents to show about the said transaction and that he is a income tax assessee and said amount has not been shown in the income tax return are not the criteria to come to different conclusion and until and unless the said presumption has been rebutted by the accused by .....
Tag this Judgment!Court : Supreme Court of India
..... answered in the negative. 13 16. in another judgment reported as tiwari kanhaiyalal & ors. v. commissioner of income tax, delhi10, the assessments were completed under the income tax act, 1922 after the income tax act, 1961 came into force. there was search on the premises of the assessee. the revised returns were filed after the income tax act, 1961 came into force. the penalty proceedings were initiated and it was levied under the ..... 1961 act. later, the complaints were filed alleging commission of the offences under section 277 of 1961 act. another set of complaints were filed under the income tax act, 1922 .....
Tag this Judgment!Court : Supreme Court of India
..... under s.45.37. this court again in l.hirday narain versus income tax officer, bareilly, (1970) 2 scc355 reiterated the same principle in following words: "13....if a statute invests a public officer with authority to do an act in a specified set of circumstances, it is 33 imperative upon him ..... engaged in disaster management; (o) provide necessary technical assistance or give advice to the state authorities and district authorities for carrying out their functions under this act; (p) promote general education and awareness in relation to disaster management; and (q) perform such other functions as the national authority may require it to ..... and prompt response to any threatening disaster situation or disaster etc.. under section 3, national disaster management authority is established for the purposes of the act. section 8 provides for the constitution of national executive committee. section 10 deals with powers and function of national executive committee. the national executive committee .....
Tag this Judgment!Court : Supreme Court of India
..... majority of the population is employed in the unorganized sector, such as agriculture. under section 10(26) of the income tax act 1961, the tribals residing in this state are exempted from payment of income tax. the meghalaya state legal services authority has suggested that the declaration in meghalaya be made in the format enclosed with this ..... allowance, dearness allowance or any other service benefit is being provided by the employer during the course of current employment.7. whether assessed to income tax?. if yes, submit copies of the income tax returns for the periods given below : (i) one year prior to marriage (ii) one year prior to separation (iii) at the ..... husband declined to pay any further amount towards the maintenance of his wife. it was further submitted that the family court had erroneously relied upon the income tax returns of 2006, while determining the maintenance payable in 2013. he further submitted that he was exploring new business projects, which would enable him to .....
Tag this Judgment!Court : Karnataka
..... judge as well. trial judge focused on the cross examination of pw-1 to the extent that complainant was working in a stone quarry and not an income tax assessee and he denied the subsequent version made against his version. it was suggested to the complainant that regarding the cheque issued by the accused it was ..... h.ramachandra submits that the learned trial judge has totally deviated from the scope and domain of the case and the provisions of law governing the negotiable instruments act. the judgment suggests that the learned trial judge has gone ahead with the case with presumption in favour of accused which is not permitted. the complainant was ..... the principal civil judge (jr.dn) and jmfc, mulbagal in c.c.no.28/10-acquitting the respondent/accused for the offence punishable under section138of negotiable instruments act. this criminal appeal coming on for final hearing this day, the court delivered the following: judgment the appeal is directed against the judgment and order dated 21. .....
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