Judgements by kavita jain

petitioners have assailed the validity of certain other provisions of the Act as well. We would, however, examine the matters after such amendments as the Government may think appropriate are made and the matters are mentioned.

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

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

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

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

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

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

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

80HHC deduction is required to be allowed after apportionment of income under Rule 8(1) of the 1962 Rules.

Inocme Tax Act, 1961-S. 43A(1)- Allowability of investment allowance u/s 32A- Tribunal and the High held that the allowance was to be granted in different assessment years- Order set asie- Matter remitted back to the High Court for fresh adjudicatio