case law

Welcome to the 'case law' tag page at Technorati. This page features content from the farthest reaches of the Blogosphere that authors have "tagged" with 'case law'.

Latest blogosphere posts tagged “case law”

• If the search warrant is in joint names, an assessment in individual capacity is void

  
  LEGAL & FINANCIAL UPDATES FROM TAX GURU — Authority: 446
  As the search warrant was issued in the joint names of the assessee and her spouse, it means that the officer had reason to believe that the undisclosed assets and income were held jointly. If so, it is not open for the AO to assess the assessee... [[ This is a content summary only. Visit my website www.taxguru.in ...
  13 hours ago

• Dear Barrister TUAW: Psystar, matters of fact, and appellate cases

  
  Family Learning Center — Authority: 161
  [IMG: http://www.family-learning-center.com/wp-content/plugins/wp-o-matic/cache/6d258_judgebest2.jpg]
  1 day ago

• Block assessments can be reopened u/s 147/148 : Guwahati High Court

  
  LEGAL & FINANCIAL UPDATES FROM TAX GURU — Authority: 446
  The AO passed a block assessment order u/s 158BC by which he assessed the undisclosed income of the assessee at Rs. 24.37 L. Subsequently, he passed an order by which he added a further sum of Rs. 13.66 L to the said undisclosed income without... [[ This is a content summary only. Visit my website www.taxguru.in for ...
  3 days ago

• Report: Investigation in Wii bowling case faults law officers (Orlando Sentinel)

  
  Nintendo Wii Game and Accessories Review — Authority: 160
  Deputies were recorded playing the Wii video game during a home search in March Undercover officers caught playing a Nintendo Wii bowling game during a home search in March were faulted in a Polk sheriffs internal investigation, a newspaper reports.
  4 days ago

• Interest earned on margin money kept for providing bank guarantee is not exempt

  
  LEGAL & FINANCIAL UPDATES FROM TAX GURU — Authority: 446
  Merely because the interest income is earned by the assessee on account of contractual obligation and the same has been accepted in the regular assessment u/s 143(3) of the Income-tax Act, 1961 does not mean that interest income is not taxable under... [[ This is a content summary only. Visit my website ...
  4 days ago

• Section 14A of IT Act applicable in respect of share of profit from partnership firm

  
  LEGAL & FINANCIAL UPDATES FROM TAX GURU — Authority: 446
  A partnership firm is a separate entity than that of its partners under the Income-tax Act and therefore, partners vis-à-vis partnership firm would stand on the same footing of shareholders vis-à-vis company; accordingly , income charged in the... [[ This is a content summary only. Visit my website www.taxguru.in ...
  5 days ago

• Power of AO to extend period for completion of special audit u/s 142(2A) of IT Act, 1961

  
  LEGAL & FINANCIAL UPDATES FROM TAX GURU — Authority: 446
  The power to suo motu extend the period for completion of the special audit was available to the AO only w.e.f. 1-4-2008 and before such date, the extension can be made only at the request of the assessee on an application made in this behalf by the... [[ This is a content summary only. Visit my website ...
  5 days ago

• Determination of charge under section 115JB of Income Tax Act, 1961 for Zero tax companies

  
  LEGAL & FINANCIAL UPDATES FROM TAX GURU — Authority: 446
  Charge under section 115JB is to be determined with reference to 7.5 per cent of book profits; the process of determination of book profit is to be preceded with the comparison of liability for income-tax under normal provisions of income-tax which... [[ This is a content summary only. Visit my website www.taxguru.in ...
  5 days ago

• Philadelphia Housing Authority Patrol Officer Denied Workers’ Compensation Benefits When Shot, Because He Failed to Follow Proper Police Procedure

  
  Pennsylvania Workers' Compensation Lawyer Blog — Authority: 113
  In PA, an injured employee is entitled to workers’ compensation benefits only when the injury takes place while the employee is in the scope and course of his or her employment. Often, this is something obvious, as when the employee is actually injured while on the employer’s premises, performing the usual and ...
  5 days ago

• Law Abiding system

  
  Star Life Talk and Gossip — Authority: 455
  I’ve recently watched the Law Abiding Citizen and all I could say is hands down to Gerard Butler . From a fearless Spartan King, to a jerk-y date doctor, and now a vengeful tactical murderer, I’d say Gerard pulled it off. Even with all the impossibilities implicated on the film, it’s a one of a kind charade ...
  6 days ago

• To Patent or Not To Patent: Supreme Court to Judge

  
  Engineering Ethics Blog — Authority: 107
  Most historians recognize the development of the legal framework of patents as an important, if not essential, part of the Industrial Revolution. The proper function of patents and patent law can perhaps be understood best by considering two extremes. For most of history, the world was at one extreme: no patents or ...
  1 week ago

• Judge rejects FWS biological opinion on Florida development permit and impacts to wood storks, but finds Army Corps met conservation duties

  
  ESA blawg — Authority: 117
  National Wildlife Federation v. Souza,2009 U.S. Dist. LEXIS 99674 (S.D. Fla., Oct. 23, 2009) BACKGROUND: In 2007, the Corps issueda Clean Water Act ("CWA") � 404 permit to J.D. Nicewonder. Suchpermit has since been transferred to the Intervenor. Plaintiffs allegethat by issuing this permit the Corps "has ...
  1 week ago

• Provisions of section 40 cannot be invoked where the income is to be computed under section 42 of the Act

  
  LEGAL & FINANCIAL UPDATES FROM TAX GURU — Authority: 446
  The fact that even Capital expenditure is allowable as deduction under section 42 itself shows that it overrides the provisions of section 37 of the Act. Thus, the scheme of the Act makes it clear that the provisions of section 42 would prevail over... [[ This is a content summary only. Visit my website for full ...
  1 week ago

• Applicability of TDS in case of Third Party Administrator (TPA) providing health insurance claim services.

  
  LEGAL & FINANCIAL UPDATES FROM TAX GURU — Authority: 446
  Having regard to the agreement entered into inter se between the hospital and the TPA for payment of money to the hospital, it cannot be said that the TPA, who is the authority or the person to pay the amount to the hospital, is not required to... [[ This is a content summary only. Visit my website for full links, ...
  1 week ago

• If assessee deposited advance received as per agreement as required us 54EC, he cannot be treated as a defaulter for the same

  
  LEGAL & FINANCIAL UPDATES FROM TAX GURU — Authority: 446
  Allowability of exemption under section 54EC of IT Act, 1961 When there is no bar to take possession by an agreement and transfer can be treated to have taken place on the basis of an agreement and advance payments deposited in specified bonds as... [[ This is a content summary only. Visit my website for full links, ...
  1 week ago

• When a part of the surrender can be accepted on proper explanation the rest can also be allowed to be explained

  
  LEGAL & FINANCIAL UPDATES FROM TAX GURU — Authority: 446
  When a part of the surrender can be accepted on proper explanation the rest can also be allowed to be explained. The assessees claim that balance was from cash withdrawals from cash book has to be tested on the facts appearing in the case. For that... [[ This is a content summary only. Visit my website for full ...
  1 week ago

• S. 80-IA (4) deduction is not available to contractors: ITAT Mumbai Larger Bench

  
  LEGAL & FINANCIAL UPDATES FROM TAX GURU — Authority: 446
  he assessee, a civil contractor, claimed deduction u/s 80-IA (4) in respect of the profits from infrastructure projects executed by it. The lower authorities rejected the claim on the ground that the assessee was a mere contractor and not a... [[ This is a content summary only. Visit my website for full links, other ...
  1 week ago

• License Crossed

  
  Patent Prospector — Authority: 114
  Philips and 3M inked a patent cross license in 1995. The next year, 3M spun off Imation. The agreement, which granted license to subsidiaries, continued. In 2003, Imation formed a joint venture that created GDM. In 2006, Imation acquired Memorex. In 2007, Imation filed a declaratory judgment action seeking a finding ...
  1 week ago

• False claim in return of Income would be treated as case of concealment of Income or of furnishing inaccurate particulars of Income

  
  LEGAL & FINANCIAL UPDATES FROM TAX GURU — Authority: 446
  Even if there is no concealment of income or furnishing of inaccurate particulars, but on the basis thereof the claim, which is made, is ex facie bogus, it may still attract penalty provision.Related posts:Section 271(1)(c) can be invoked only if... [[ This is a content summary only. Visit my website for full links, ...
  2 weeks ago

• Where fair market value of the capital asset under transfer is less than the valuation as per Stamp value Act

  
  LEGAL & FINANCIAL UPDATES FROM TAX GURU — Authority: 446
  Where fair market value of the capital asset under transfer is less than the valuation as per SVA and such valuation as per SVA becomes final under Stamp Duty Act then the assessee is left with no choice and has to pay tax on the notional sale... [[ This is a content summary only. Visit my website for full links, ...
  2 weeks ago

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