Judiciary

Principle of imposition of minimum penalty is non-mandatory in compounding of offenses cases: NCLT

Re. M/S UW International Training & Education Centre for Health Pvt. Ltd. (NCLT Delhi)

NCLT held that the principle of imposition of minimum penalty is non-mandatory in compounding of offenses cases, it is necessary to define and understand offense. The term offence has been defined by s 3(38) of General Clauses Act, as any act or omission made punishable by any law for the time being in force....

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Posted Under: Company Law |

Trust Cannot File Complaint under Consumer Protection Act,1986: SC

Pratibha Pratisthan & Ors. Vs Manager, Canara Bank & Ors. (Supreme Court of India)

Section 2 (c) of Consumer Protection Act, 1986 provides for a complainant making a complaint, inter alia, for an unfair trade practice or a restrictive trade practice adopted by any trader or service provider; a complaint in respect of goods (bought by a complainant) suffering from one or more defects; ...

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Withdrawn of Application- After Admission – NCLT – INSOLVENCY CODE

Parker Hannifin India Private Limited v/s Prowess International Private Limited (NCLT Kolkata)

NCLT has cleared that once a petition is admitted by the NCLT under IBC, both the parties have no right to withdraw the petition. As it can say IBC is not a Recovery Law it is Revival Law....

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Posted Under: Company Law | |

AO has no power to review entire assessment order on debatable issues and to make additions in order U/s.154

M/s City Clinic Pvt. Ltd. Vs. ACIT (ITAT Chandigarh)

Hon'ble Supreme Court in the leading case, ITO vs. Volkart Brothers [(1971) 82 ITR 50 (SC)] has held that a mistake apparent on the record must be an obvious and patent mistake and not something which can be established by a long drawn process of reasoning on points on which there may conceivably be two opinions....

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Commission paid against Guarantee by Directors in violation of RBI guidelines is not allowable

Eastman Industries Ltd. Vs A.C.I.T., Circle 10(1) (ITAT Delhi)

Assessing Officer to examine from the original bank documentations/ agreements/ sanction letter and to ascertain whether the requirement of non-payment of commission to the guarantors was incorporated in the terms and conditions of bank for sanctioning of credit limit or whether any undertaking to this effect was taken from the company or...

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Delhi HC order on Online Access to Legislations

Union of India Vs Vansh Sharad Gupta (Delhi High Court)

The present matter has brought forth the problems faced by citizens in free access to accurate and comprehensive sets of laws in India. The availability of accurate legal texts, at minimal cost, is fundamental to the rule of law and a basic responsibility of the Government. With the advent of the internet, it is imperative that the Govern...

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If transactions are at ALP no further income can be said to be attributable to assessee in India from PE

Taj TV Ltd. Vs. Additional Director of Income Tax (ITAT Mumbai)

Assessee- company was engaged in business of broadcasting of sports channel, namely Ten Sports across globe, including India. Its subsidiary (Taj India) was appointed as exclusive distributor of TV Channel Ten Sports to cable operators and other permitted systems on principal-to-principal basis....

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Sale of Attached Property after 3 years not barred by Limitation when Settlement Commission order not become Final

Rajiv Yashwant Bhale Vs The Principal Commissioner of Income (Bombay High Court)

In a recent ruling, the division bench of the Bombay High Court held that the assessee cannot claim that the sale of attached property is time-barred under Rule 68B of the Second Schedule, where he has applied to Settlement Commission for extension of time for payment of demand as per Order of Settlement and his application is pending and...

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Assessee can claim expense on removal of encumbrance created by ancestors

Smt. Maniza Jumabhoy, Vs Asst. Commissioner Income of Tax (ITAT Hyderabad)

Join GST Online Certification Course by GST Professionals & TaxGuru.in – Batch II During the course of appellate proceedings, the representative of the assessee submitted that the expenditure towards proportionate compensation of Rs. 79,36,350/- is allowable u/s. 48(1) of the Act, as upon succession of the impugned property, the ass...

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Donation to uplift living condition of manual scavengers form part of Corpus despite no specific instruction

Pr. Commissioner of Income Tax Vs Gujarat Rural Industries Marketing Corporation (Gujarat High Court)

The issue is one, namely, whether the assessee was entitled to claim benefit of section 11(1)(d) of the Income Tax Act,1961 with respect to Government grant of Rs. 8.97 crores received during the assessment year in question. ...

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