Himalayan Cooperative Group Housing Society Vs. Balwan Singh (Supreme Court)
The client is not bound by a statement or admission which he or his lawyer was not authorised to make. The Lawyer generally has no implied or apparent authority to make an admission or statement which would directly surrender or conclude the substantial legal rights of the client unless such an admission or statement is clearly a proper step in accomplishing the purpose for which the lawyer was employed
Generally, admissions of fact made by a counsel is binding upon their principals as long as they are unequivocal; where, however, doubt exists as to a purported admission, the Court should be wary to accept such admissions until and unless the counsel or the advocate is authorised by his principal to make such admissions. Furthermore, a client is not bound by a statement or admission which he or his lawyer was not authorised to make. Lawyer generally has no implied or apparent authority to make an admission or statement which would directly surrender or conclude the substantial legal rights of the client unless such an admission or statement is clearly a proper step in accomplishing the purpose for which the lawyer was employed. We hasten to add neither the client nor the Court is bound by the lawyer's statements or admissions as to matters of law or legal conclusions. Thus, according to generally accepted notions of professional responsibility, lawyers should follow the client's instructions rather than substitute their judgment for that of the client.
Binding Force Of Supreme Court And High Court Judgements
Shri. Akhilesh Kumar Sah, Advocate, has dealt with the interesting issue of the binding force of judgements in the context of income-tax law. He argues that as the Income-tax Act extends to the whole of India, the judgments rendered by a High Court should normally be followed by the other High Courts in order to preserve uniformity in law unless there are compelling reasons for departing from the view taken by the High Court
CBDT's Clarifications (FAQs) On Tax Compliance for Undisclosed Foreign Income and Assets (Black Money Act)
The CBDT has issued Circular No. 15 of 2015 dated 3rd September 2015 stating that The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 has introduced a tax compliance provision under Chapter VI of the Act. The Black Money (Undisclosed Foreign Income an d Assets) and Imposition of Tax Rules, 2015 (hereinafter referred to as ' the Rules') have been notified. In this regard, circular No. 13 of 2015 dated 6th July, 2015 issued by the Board provided clarifications to 32 queries. Subsequently, further queries have been received from the public about the tax compliance provisions under Chapter VI of the Act. The Board has considered the same and issued clarifications
CBDT Clarification Reg Extension Of Due Date Of Filing Return Of Wealth For AY 2015-16
In view of CBDT order F.No.225/154/2015/ITA-11 tinted 2.9.2015 issued under section 119 of the Income-tax Act, extending the due date for e-filing returns of income from 31″ August, 2015 to 7th September, 2015 in respect of all taxpayers who were required to e-file their returns of income by 31″ August, 2015, the 'due date' for filing return of wealth by such assessees for assessment year 2015.16 also stands extended from 31″ August 201510 7th September 2015
Guidelines for Grant of Reward to Informants leading to Recovery of Irrecoverable Taxes, 2015
These guidelines will regulate the grant and payment of reward to informants who provide specific and credible information of the whereabouts/assets of persons , on or after 31.03.2015, which results in the collection of taxes, penalties, interest or other amounts (hereinafter "tax") already levied under the Income Tax Act , 1961 and the Wealth Tax Act , 1957. Grant and payment of reward for information before 31.03.2015 will continue to be regulated by 'Guidelines for Grant of Rewards to Informants 2007'
Regards,
Editor,
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