Follow Us :

Archive: 03 April 2022

Posts in 03 April 2022

Reopening merely based on AIR information of Cash Deposit is not valid

April 3, 2022 7719 Views 0 comment Print

Udesh Sharma Vs ITO (ITAT Delhi) Admittedly in this case, the AO while recording reasons for selection of the case on the basis of AIR information observed that the Assessee has deposited cash of Rs. 44,00,500/- in his S.B. Account during the F.Y. 2008-09 and therefore issued a verification letter dated 30.10.2015 to the Assessee […]

Penalty order issued in stereotyped manner without applying mind is invalid

April 3, 2022 1257 Views 0 comment Print

Vibracoustic India Pvt. Ltd. Vs Addl. IT (ITAT Delhi) The penalty provisions of section 271(1)(c) of the Act are attracted, where the Assessee has concealed the particulars of income or furnished inaccurate particulars of such income. It is also a well-accepted proposition that the aforesaid two limbs of section 271(1)(c) of the Act carry different […]

Employer needs to hear employees before deducting wages for ‘go slow’ tactics of employees: SC

April 3, 2022 1551 Views 0 comment Print

Bata India Limited Vs Workmen of Bata India Limited and Another (Supreme Court of India) It is a case of the appellant that after 01.02.2001, workmen had deliberately adopted ‘go slow’ tactics and did not produce the minimum agreed production as per the settlement. The production was below 50 per cent of the normal production. […]

No Service Tax on Drilling of wells & Tubewells for farmers for agricultural use 

April 3, 2022 4650 Views 0 comment Print

CESTAT held that the agriculture/cultivation includes irrigation or watering of the plants, as due to lack of irrigation, it is very difficult to have any agriculture produce. Accordingly, it was held that the activities carried out by the appellant is covered in the Negative List, which are exempt from Service tax.

Information under RTI cannot be denied to A company or a corporation

April 3, 2022 18867 Views 1 comment Print

Utility Premises Private Limited Vs Central Public Information Officer (First Appellate Authority of IBBI) The Respondent had stated that under RTI Act, only citizens can seek information and since the Applicant being a Company is not a citizen, it is not eligible to seek information under RTI Act. In J.C. Talukdar vs. C.E.(E) CPWD Kolkata […]

Order passed without giving reasons violates principles of natural justice

April 3, 2022 1236 Views 0 comment Print

N. Srinath Reddy Vs State of Andhra Pradesh (Andhra Pradesh High Court) The petitioner had been granted a quarry lease for Black Granite, for a period of 20 years. The said lease had been determined by an order dated 31.07.2018. Aggrieved by the said order, a Revision was filed under Rule 35-A of the A.P.Minior […]

Principle of restitution: No one can be permitted to take benefit of wrong order passed by court

April 3, 2022 11265 Views 0 comment Print

Mekha Ram and Others Etc Vs State of Rajasthan and Others Etc (Supreme Court of India) The principle of restitution has been statutorily recognised in Section 144 of the Code of Civil Procedure, 1908. Section 144 CPC speaks not only of a decree being varied, reversed, set aside or modified but also includes an order […]

HC cannot entertain question relatable to rate of duty/ benefit of exemption notification

April 3, 2022 459 Views 0 comment Print

Commissioner of Customs  Vs CRI Limited (Calcutta High Court) First, we take up for consideration the preliminary objection raised by Mr. Ghosh with regard to the maintainability of the appeal before this Court. The facts are not in dispute, namely, that the benefit of the notification no.45 of 2005 has been denied. In such circumstances, […]

Legal Consultant not attended Due to COVID-19- HC directs to allow another Opportunity

April 3, 2022 423 Views 0 comment Print

Emami Agrotech Limited Vs Union of India & ors. (Calcutta High Court) HC held that appellant has pleaded a genuine difficulty that its consultant being tested positive for Covid-19 and unable to appear. Such request has to be accommodated unless it is shown to be absolutely false. Mr. Banerjee, learned senior standing counsel for the […]

Excess share of land received on partition cannot be treated as business income

April 3, 2022 1458 Views 0 comment Print

ITO Vs Undavalli Constructions (ITAT Visakhapatnam) In the instant case there is no dispute that the land in question was purchased as capital asset and remained as capital asset till the partition. No business activity was carried on by the co-owners and the assessee has received the land on partition. The share of land received […]

Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031