Showing posts with label General. Show all posts
Showing posts with label General. Show all posts

Email ids of all important functionaries in the State of Punjab

0 comments Tuesday, January 6, 2015
The Punjab Government has notified the Email ids of all the important functionaries in the State of Punjab. The Email Ids includes ids of all Financial Commissioners, Principal Secretaries, Administrative Secerataries and Head of the Departments. 
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CAs/CSs are not capable of arguing/ deciding Substantial Questions Of Law

0 comments Thursday, September 25, 2014
The Full Bench of the Supreme Court had to consider whether the National Tax Tribunals Act, 2005, which sought to take away the jurisdiction of the High Courts in tax matters was constitutional. The Full Bench has struck down the entire Act as being unconstitutional on the ground that though “tribunalization” has been allowed subject to safeguards, the NTT Act “crosses the boundary” and “encroaches the exclusive domain” of the High Courts. 
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Allahabad High Court Bars Non-Advocates From VAT Practice

0 comments Saturday, August 9, 2014
The Tax Lawyers Association filed a Writ Petition claiming that Rule 73 read with Rule 79(2)(f) of the U.P. Value Added Tax Rules 2008 which permits outsiders to practice in the field of Law before the VAT Authorities under the VAT Act is ultra vires section 33 of the Advocates Act 1961 which provides that only Advocates are entitled to practice before any Court or authority.
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Reasoned orders and principle of fairness in administrative actions-a need of the hour

0 comments Monday, July 28, 2014
It is the general tendency of the adminstrative authorities more so of the tax authorities to pass non-speaking orders or to pass orders in violation of principle of fairness and rules of natural justice, without giving any opportunity of being heard to the effected person. The authorities in many case pass orders in gross violation of rules of natural justice.
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Signature mismatch on cheque may lead to criminal proceedings-SC

0 comments Sunday, December 2, 2012

  A person may face criminal proceedings if a cheque issued by him gets dishonoured on the ground that his signature does not match the specimen signature available with the bank, the Supreme Court has said. 

A bench of justices T S Thakur and Gyan Sudha Mishra set aside the verdict of Gujarat High Court which had held that criminal proceedings for dishonouring of cheque can be initiated only when the cheque is dishonoured because of lack of sufficient amount in the bank account and not in case where a cheque is returned due to mismatch of signature of account holder. 
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Advocates of Punjab & Haryana to submit form with photographs to Bar Council for updation

0 comments Saturday, November 17, 2012

Bar Council of Punjab & Haryana is updating its Roll of Advocates enrolled with it. Hence a direction has been issued to all Advocates of Punjab & Haryana for submission of information in the form annexed with the letter issued as produced herebelow. The letter as well as the application form is being produced herebelow for all concerned readers of the blog.
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Stamp Papers have no expiry period-valid even after 6 months of purchase

0 comments Sunday, May 27, 2012
I have found the following judgement of Supreme Court on the issue of expiry period of stamp papers under Indian Stamp Act, 1899 as very useful one. In this case it has been held by Supreme Court that Stamp Papers do not have any expiry period under The Indian Stamp Act, hence it will be valid even after the purchase of 6  months.

Supreme Court in this case held as under:
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Constitutional provisions relating to taxation-How important to understand tax laws

0 comments Monday, May 14, 2012

Constitution is the foundation and source of powers to legislate all laws in India. Parliament, as well as State Legislatures gets the power to legislate various laws from the Constitution only and therefore every law has to be within the vires of the Constitution.

Talking about the taxation laws and the interpretation of taxation laws, every lawyer or a tax professional practicing taxation laws must understand the basic provisions of Constitution relating to taxation including the powers of Parliament and State Legislatures to legislate regarding levy and collection of tax, the restrictions imposed by our Constitution on such powers, entries concerning taxation in Central List i.e List-1 and State List i.e List-2 of Seventh Schedule to Constitution of India.
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Decision of any High Court is binding on all the subordinate authorities and Tribunals through out India untill contrary view is taken by other High Court

0 comments Thursday, March 8, 2012

I have found an old judgement but very usefull one namely CIT vs. Godavari Saraf which I want to share for the readers of the blog. It has been held in this judgment by Bombay High Court that until contrary decision is given by any other competent High Court, which is binding on a Tribunal in the relevant State, it has to proceed on the footing that the law declared by the High Court, though of another State, is the final law of the land.
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Plea of alternative remedy not acceptable against writ petition if there is jurisdictional error

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It is well known that when an alternative remedy is available to a person then the writ petition in the High Court may not be acceptable. Punjab & Haryana High Court in the following case has held that plea of alternative remedy cannot be invoked where the question involved is of lack of jurisdiction on admitted facts.

It means that where an order of an authority suffers from error of lack of jurisdiction on admitted facts then in such case writ petition challenging such order can be filed and such writ should be accepted irrespective of the fact that the petitioner had the alternative remedy of filing an appeal against such order and he has not exhausted it before filing writ petition.
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Foreign Lawyers cannot practice in India-Madras High Court

0 comments Thursday, February 23, 2012

Madras High Court has held in A.K.Balaji Vs. GOI has held that  foreign Lawyers cannot practice law in India but are entitled to visit India for short periods to advice on foreign law & conduct international commercial arbitration
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Import of Milk and Milk products from China further prohibited

0 comments Tuesday, December 27, 2011
Central Government has extended the prohibtion date till 24.06.2012 for importing Milk and Milk Products (including chocolates and chocolate products  and candies/ confectionary/ food preparations with milk or milk solids as an ingredient) from China. Warlier such prohibtion was imposed by a notification dated 03.01.2011. 


I think the govt has taken the right step. we all know the quality of products imported into India from China. Such eatable products, if their quality is doubtable, must be barred. The step taken is in the right direction.  
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SA/GPA/WILL transfers do not convey title to immovable properties- An important judgment by SC

0 comments Monday, October 31, 2011
 
Supreme Court of India in an important case namely Suraj Lamp & Industries Pvt. Ltd. Versus State of Haryana & Anr. has held that immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance. Transactions of the nature of ‘GPA sales’ or ‘SA/GPA/WILL transfers’ do not convey title and do not amount to transfer, nor can they be recognized or valid mode of transfer of immoveable property. They cannot be recognized as deeds of title, except to the limited extent of section 53A of the TP Act.
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Court should not decide a criminal case against the accused in the absence of his counsel -SC

0 comments Monday, October 24, 2011
Supreme Court of India has held in MD. Sukur Ali Vs State of Assam that  the Court should not decide a criminal case against the accused in the absence of his counsel since an accused in a criminal case should not suffer for the fault of his counsel and in such a situation the Court should appoint another counsel as amicus curiae to defend the accused. 

 The apex court further stated  "The Founding Fathers of our Constitution were themselves freedom fighters who had seen civil liberties of our people trampled under foreign rule, and who had themselves been incarcerated for long period under the formula ‘Na vakeel, na daleel, na appeal’ (No lawyer, no hearing, no appeal). Many of them were lawyers by profession, and knew the importance of counsel, particularly in criminal cases. It was for this reason that they provided for assistance by counsel under Article 22(1), and that provision must be given the widest construction to effectuate the intention of the Founding Fathers." 
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Know the Instructions given by RBI to Banks on customer services

0 comments Sunday, October 16, 2011
Reserve Bank of India issued a master circular no RBI/2011-12/56 DBOD No.Leg.BC.18/09.07.006/2011-12 on 1st July, 2011 giving instructions to banks on customer services. Many a times common man faces difficulties while operating their bank accounts like paying minimum balance charges, not issuing  of cheque books at counters etc. Coustomers should be aware of  instructions issued by RBI to banks. I am sharing the some extracts of the master circular herebelow:
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Dishonour of electronic funds transfer for insufficiency of funds in the bank account is also an offence

0 comments Wednesday, September 21, 2011
Reserve Bank of India has issued a clarification regarding dishonour of electronic funds transfer for insufficiency of funds in the bank account.  It has been clarifed that dishonour of electronic funds transfer for insufficiency of funds in the bank account is also an offence u/s 25(5) of Payment and Settlement Systems Act, 2007, punishable  with two years and twice the amount of electronic funds transfer instruction, or both for dishonour of such electronic funds transfer on par with the penalties stipulated for dishounour of cheques under the Negotiable Instruments Act, 1881. 
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No Penalty leviable in cases where matter is of interpretational nature-Supreme Court

0 comments Tuesday, August 30, 2011
I have found the following Judgement of Supreme Court as very important one where the Apex Court has held that where the matter involved is of interpretational nature then no penalty can be levied in such cases
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No Demand draft of Rs. 50000 or above against cash payment-Reserve Bank of India

0 comments Tuesday, August 16, 2011
RBI has issued a letter clarifying that demand draft,mail transfers, telegraphic transfers and travellers cheques of Rs. 50000 or above will be issued only from the customer's bank account or through cheques or other instruments but not against cash. This step will help in checking the flow of black money.  I find it a very useful information to share with the readers. The letter is being produced herebelow:
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Electricity tariff at commericial rates applicable on residential premises used purely as office by lawyers-Bombay HC

0 comments Saturday, August 6, 2011

Bombay HC has held in an important case that residential premises used by lawyers exclusively as office, will be charged electricity tariff at commercial rates and not at domestice rates. However In respect of the premises which are used by the professionals like lawyers and doctors for their own residence, the tariff for the electricity supplied to the premises would be charged on the basis of domestic use irrespective of the fact that the premises are used for whole or part of the day also for the purpose of carrying on their professional activity in the whole or part of the premises.
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Challan Form B to be used for depositing institutional tax in Punjab

0 comments Wednesday, July 20, 2011
Challan form B for depositing institutional tax in Punjab has been notified. The form can be downloaded herebelow:


Challan Form B


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