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Friday, September 4, 2020

[ACCA_Profs] ITAT Should Conduct Virtual + Physical Hearings: Sr. Advocate + Article On Admissibility Of Electronic Evidences In Income Tax Proceedings

 

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Dear Subscriber,

The following important updates are available at itatonline.org:

The ITAT Will Have To Conduct A Mix Of Virtual Hearings And Physical Hearings

Dr. K. Shivaram, Senior Advocate, has pointed out that the stakeholders in the ITAT will have no option but to adapt to a mixture of virtual and physical hearings, in order to dispose off appeals and do justice. The ld.. author has offered valuable suggestions on how the challenges can be overcome and the task achieved with least hardship to all concerned

Admissibility Of Electronic Evidences – Income Tax Proceedings

CA Rohan Sogani has dealt with the important issue whether electronic data/information found in hard disks, pen drives, etc is admissible as evidence for the Income-tax Department to make additions and disallowances. The ld. author has explained the law in the context of the Income-tax Act, 1961, the Information Technology Act, 2000 and the Evidence Act, 1872. He has referred to all the important judgements and also emphasized the procedures that the Department is duty bound to follow to ensure the admissibility of the evidence. A pdf copy of the article is available for download

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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Latest:

Raj Pal Singh vs. CIT (Supreme Court)

S. 45 Capital Gains: In matters relating to compulsory acquisition of land under the Act of 1894, completion of transfer with vesting of land in the Government essentially correlates with taking over of possession of the land under acquisition by the Government. However, where possession is taken over before arriving of the relevant stage for such taking over, capital gains shall be deemed to have accrued upon arrival of the relevant stage and not before. To be more specific, in such cases, capital gains shall be deemed to have accrued: (a) upon making of the award, in the case of ordinary acquisition referable to Section 16; and (b) after expiration of fifteen days from the publication of the notice mentioned in Section 9 (1), in the case of urgency acquisition under Section 17 (All imp judgements referred)

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