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Saturday, August 8, 2020

[ACCA_Profs] Supreme Court Lays Down Imp Legal Principles Reg Family Settlements + Article On Validity Of Notices + Tribute To Tax Stalwarts

 

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Dear Subscriber,

The following important updates are available at itatonline.org:

Ravinder Kaur Grewal vs. Manjit Kaur (Supreme Court)

The settled legal position is that when by virtue of a family settlement or arrangement, members of a family descending from a common ancestor or a near relation seek to sink their differences and disputes, settle and resolve their conflicting claims or disputed titles once and for all in order to buy peace of mind and bring about complete harmony and goodwill in the family, such arrangement ought to be governed by a special equity peculiar to them and would be enforced if honestly made. The object of such arrangement is to protect the family from long drawn litigation or perpetual strives which mar the unity and solidarity of the family and create hatred and bad blood between the various members of the family (All imp judgements referred)

It is well settled that registration would be necessary only if the terms of the family arrangement are reduced into writing. Here also, a distinction should be made between a document containing the terms and recitals of a family arrangement made under the document and a mere memorandum prepared after the family arrangement had already been made either for the purpose of the record or for information of the court for making necessary mutation. In such a case the memorandum itself does not create or extinguish any rights in immovable properties and therefore does not fall within the mischief of Section 17(2) of the Registration Act and is, therefore, not compulsorily registrable

Tribute To Four Stalwarts By Tax Professionals Of Hyderabad

Tax professionals of Hyderabad Zone of ITAT, on 22nd July, 2020, held a condolence meet through virtual mode to pay homage to four stalwarts viz.Late Honourable Justice Mr .Y.V.Anjaneyulu (Retd.), Late Honourable ShriT.Venkatappa, Vice- President, ITAT (Retd.), Late Honourable Shri S.Rajaratnam, Accountant Member, ITAT (Retd.,) and  Late  Shri D.Sitaramaiah, FCA and Ex-TTD chairman

Validity Of Notice U/s 143(2)/148 – Crucial For Assuming Jurisdiction For Assessment/ Reassessment

CA Rajendra Agiwal has provided valuable insights on the question whether a notice issued in the name of a deceased assessee is valid or not. He has also analyzed whether the "co-operation" of the legal representatives makes a difference to the legal position in the context of section 292BB of the Income-tax Act, 1961. All the relevant statutory provisions and important judgements on the Courts and Tribunal have been referred to by the ld. author

See Also: Digest of case laws (updated regularly) containing latest judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals


Regards,

 

Editor,

 

itatonline.org

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