Category: Uncategorized

Posted on

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

Posted on

For Condonation of Delay word “ sufficient cause” to be construed liberally

 

  1. Section 253(5) The Appellate Tribunal may admit an appeal or permit the filing of a memorandum of cross-objections after the expiry of the relevant period referred to in sub-section (3) or sub-section (4), if it is satisfied that there was sufficient cause63for not presenting it within that period.
  2. Section 5 in The Limitation Act, 1963

5 Extension of prescribed period in certain cases. —Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.

Continue reading “For Condonation of Delay word “ sufficient cause” to be construed liberally”

Posted on

Bogus purchases of certain amount added to income and Tribunal having found that assessee’s GP for year was 7 per cent adopted GP rate of 8 per cent on purchase , Tribunal was justified [ Gujrat High Court in Jagdish H Patel]

  1. The assessee was engaged in the business of refining and selling edible oils.
  2. The Assessing Officer having found that during the year the assessee had made bogus purchases worth of Rs. 5.66 crores from five different agencies added the said amount to the income of the assessee. He further having found that during survey operation carried out on the assessee, the latter in his statement had disclosed a sum of Rs. 61.05 lakhs on account of bogus
  3. Held that Adding the entire amount of bogus purchases would give a completely distorted figure and the gross profit would be higher than the total turnover. Such bogus purchases were for off-setting the purchases from producers and agriculturists directly who would not have the billing facility purchases also added said amount to the income of the assessee.
  4. In the business of crushing the oil seeds, sometimes purchases of the agricultural raw material was made directly from producers and agriculturists from whom purchase bills were not available. The entire lot of purchases could not be treated as bogus.

Continue reading “Bogus purchases of certain amount added to income and Tribunal having found that assessee’s GP for year was 7 per cent adopted GP rate of 8 per cent on purchase , Tribunal was justified [ Gujrat High Court in Jagdish H Patel]”