Supreme Court – Tax in India

September 26, 2017February 27, 2018

The “reason to believe” and “reason to suspect “ u/s 132/132A can not be disclosed to any authority (Amendment brought by FA 2017 retrospectively). Hence question of challenging action u/s 132A of seizing gold on the report of GRP held not tenable by SC in NK Jewelers

N.K. Jewellers [2017] 85 taxmann.com 361 (SC) 13-09-2017

September 20, 2017March 5, 2018

There lies a legal presumption that every Hindu family is joint in food, worship and estate : Adiveppa v. Bhimappa(SC)

“…………22. It is a settled principle of Hindu law that there lies a legal presumption that every Hindu family is joint in food, worship and estate and in the absence of any proof of division, such legal presumption continues to operate in the family. The burden, therefore, lies upon the member who after admitting the existence of jointness in the family properties asserts his claim that some properties out of entire lot of ancestral properties are his self-acquired property. (See-Mulla – Hindu Law, 22nd Edition Article 23 “Presumption as to co-parcenary and self acquired property”- pages 346 and 347).

[2017] 85 taxmann.com 170 (SC) SUPREME COURT OF INDIA : 06-09-2017:Adiveppa v.Bhimappa