Month: April 2016

There is a difference in “facts not proved” and “facts disproved” and penalty u/s 271(1)(c) can be levied only for the latter

In a latest judgment, ITAT Chennai has quashed penalty proceedings u/s 271(1)(c) for concealment holding that  there is a difference in “facts not proved” and “facts disproved” and penalty can be levied only for the latter. Case Law Details: ITA No.1730/Mds./2015 Assessment Year :2010-11 Mr.R.A.Palanisamy vs. Income Tax Officer Date of …

Dearness Allowance payable to Central Government employees enhanced from existing rate of 119% to 125% from 1st January, 2016

No. 1/1/2016-E·II (B) Government of India Ministry of Finance Department of Expenditure ***** North Block, New Delhi Dated the  7th  April, 2016. OFFICE MEMORANDUM Subject:    Payment of  Dearness Allowance  to Central Government  employees – Revised Rates effective from 1.1.2016 The undersigned is directed to refer to this Ministry’s …

Set off of business loss from unexplained cash credits u/s 68 not permissible in view of combined reading of sections 71 , 72 and 32(2).

In a latest judgment, ITAT Chennai has upheld that allowing set off of business loss from the unexplained cash credits u/s 68 not permissible in view of harmonious and combined reading of  sections 71 , 72 and 32(2). Case Law Details: I.T.A.No.325/Mds./2015 vs. Assessment Year :2006-07 Deputy Commissioner of Income Tax …

WhatsApp Messages/Calls end to end Encryption-Step-wise procedures

How to enable WhatsApp end-to-end encryption WhatsApp Messenger has introduced the facility of end-to-end encryption when messages are sent using the latest versions 2.12.556. According to WhatsAPP, there are many other messaging apps that only encrypt messages between users and them, but WhatsApp’s end-to-end encryption ensures that only …

Right of appeal is a substantive right created by statute which cannot be retrospective. Appeal has to be filed within limitation prescribed

In a recent judgment, Allahabad High Court has held that  right of appeal is a matter of procedure which gets converted into a substantive right as a creature of statute which cannot create a retrospective right. The appeal has to be filed within the limitation prescribed. Case Details: ITA …