Judiciary

Salary to partners as per deed and Income Tax Act cannot be disallowed

DCIT Vs M/s. Eurotex Chemicals (ITAT Ahemdabad)

Salary to the partner is being regulated by the provisions of section 40(b) of the Income Tax Act. It is to be paid in accordance with the provision stipulated in the deed which should be in commensurate with the provisions of section 40(b) of the Income Tax Act. On such salary payment, provisions of section 40 A(2) cannot be invoked....

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ITAT on Commencement of Business of Metro Rail Project

M/s. Hyderabad Metro Rail Vs Dy. Commissioner of Income Tax (ITAT Hyderabad)

Assessee has taken all the necessary steps to facilitate the building of Metro Rail System. Since the assessee has taken steps in furtherance of its main objects, it cannot be stated that the assessee has not commenced its business....

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No HRA Exemption on non genuine Rent Paid to Mother

Mrs. Meena Vaswani Vs ACIT (ITAT Mumbai)

Assessee had claimed deduction u/s 10(13A) of 1961 Act which is a wrong claim as no rent was paid by the assessee and the said alleged rent of Rs. 31,500/- per month being paid to mother was shown only to take exemption of HRA u/s 10(13A) of 1961 Act. ...

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Decisions rendered by M.P. HC prior to 1-11-2000 are binding on Chhattisgarh HC

Smt. Gulshaad Shabdar Khan Vs Smt. Ganga Sahu (Chhattisgarh High Court)

The decisions rendered by the M.P. High Court prior to 1-11-2000 are binding on the Chhattisgarh High Court on the principle of comity....

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In Amalgamation waiver of Interest is to be Treated as Income: SC

M/s. Mcdowel & Company Ltd. Vs Commissioner of Income Tax (Supreme Court of India)

This appeal is preferred against judgement dated 05.04.2005 of the High Court of Karnataka whereby the appeal of Commissioner of Income Tax (Revenue) was allowed setting aside the order to the Income Tax Appellate Tribunal(ITAT) which had granted the benefit of provisions...

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Title in Immovable Property cannot Pass unless executed on Proper Stamp Paper

Mother Hospital Pvt. Ltd Vs CIT (Supreme Court of India)

Title In The Immovable Property Cannot Pass When Its Value Is More Than Rs.100 Unless It Is Executed On A Proper Stamp Paper And Is Also Duly Registered With The Sub-Registrar...

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Freight charges are part of sale price & includible in taxable turnover for VAT

Kasturchand Bafna Vs State of Chhattisgarh (Chhattisgarh High Court)

In the present batch of writ petitions, the seminal issue falling for consideration is whether the freight charges for transporting dolomite by the petitioners to the respondent/Bhilai Steel Plant (for short the BSP) would be a part of sale price and hence exigible to commercial tax or not....

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Remedy available under Consumer Protection Act, 1986 is additional remedy

Rajesh Kumar Agrawal Vs Tulsi Electronic (Chhattisgarh High Court)

The remedy available under the Consumer Protection Act, 1986 is an additional remedy for consumers and not in derogation of remedy available under Section 8-B of the Indian Telegraph Act, 1885....

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Copy of FIR to accused cannot be refused except in sensitive cases

Titash Banik Vs State of Chhattisgarh (Chhattisgarh High Court)

In case a copy of the FIR is not provided on the ground of sensitive nature of the case, a person grieved by the said action, after disclosing his identity, can submit a representation to the Superintendent of Police or any person holding the equivalent post in the State....

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Object of parole is to rehabilitate the convicted prisoner

Rakesh Shende Vs State of Chhattisgarh (Chhattisgarh High Court)

Application for temporary leave (parole) has to be decided by District Magistrate keeping in view that the object of parole is to rehabilitate the convicted prisoner....

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