From our Legal Corner – Monday's cases
Legal Corner Icon — the image was hosted by the publisher and was not captured.Corruption and independence – any connection?
Among generally corrupt people, liberty cannot last long - Corruption connotes allowing decisions of a person to be influenced not by rights or wrongs of a cause, but by prospects of monetary gains : Supreme Court
IT is a strange co-incidence that the Prevention of Corruption Act, 1947 was enacted in the year of our country's independence.
Corruption is one of the most talked about subjects today in the country since it is believed to have penetrated into every sphere of activity. It is described as wholly widespread and spectacular.
Corruption as such has reached dangerous heights and dangerous potentialities. The word 'corruption' has wide connotation and embraces almost all the spheres of our day to day life the world over. In a limited sense it connotes allowing decisions and actions of a person to be influenced not by rights or wrongs of a cause, but by the prospects of monetary gains or other selfish considerations. Avarice is a common frailty of mankind, and while Robert Walpole's observation that every man has a price, may be a little generalized, yet it cannot be gainsaid that it is not far from truth. Burke cautioned "Among a people generally corrupt, liberty cannot last long".
Central Excise
Are horses, bulls, dolphins and asses excisable goods? Going by this Cestat ruling, YES!
IT all stared with the eight digit tariff. With effect from 28.2.2005, the six digit tariff has been replaced with the eight digit tariff and in the new tariff, against certain entries, we find no duty rate, not even Nil rate. Nothing has been mentioned against these entries and the duty rate is left blank. Now the question is whether these goods are "excisable" or not?
Income Tax
Income realised from sub-lessee in occupation of premises is to be assessed under Head 'Other Sources' as he is not owner of premises - Not as rental income under head 'house property' : ITAT
PROFESSOR Harnam Singh is the owner of a property in New Delhi which was let out to Modi Rubber Ltd. from time to time. Last written lease expired somewhere in 1994 but the company was holding over. Prof. Harnam Singh was not able to get the premises vacated from M/s. Modi Rubber, therefore he executed a lease on 17.11.1998 in favour of the assessee company (appellant) for a period of 9 yrs. and 11 months, the lease to commence from the date the assessee appellant was able to get possession of the property.
Until Monday with more DDT
Have a nice Weekend.
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