There cannot be a service provider – service recipient relationship between a partner and partnership firm when a partner discharges his duties as a partner pursuant to deed of partnership. Hence no service tax is payable on the activities performed by the respondent in the capacity of partner to the firm.
HC Held that held there was a total lack of application of mind in order of Committee of Executives. There is also a manifest failure to consider explanation offered by borrower/guarantor.
It is not necessary that all contracts yield a profit; some result in a loss as well. This is not a factor to permit a party to avoid its contractual obligations.
HC held that Collector shall have no jurisdiction to determine compensation payable for acquisitions under Resettlement of Displaced Persons Act.
SC held Hindu Widow had pre-existing right to maintenance in suit property that had ripened into full ownership by virtue of Section 14(1) of Hindu Succession Act, 1956.
Customs authorities (DRI officials) have no power or jurisdiction to inspect or seize goods in respect of units situated in the SEZ area. The Court held that only the Officers empowered under Section 22 of the SEZ Act have the power to investigate any offence committed in the SEZ unit.
Section 278 (e) of the Income Tax Act, 1961, empowers the Court to presume culpable mental state of the accused, unless, the accused shows that he had no such mental state with respect to the act charged as an offence in the prosecution.
The respondent’s case that it was entitled to forfeit the sum of ₹60,00,000/- paid by the petitioner rested solely on the ground that it was earnest money and therefore, it could be forfeited in terms of the Agreement.
ITAT held that as the assessee by placing on record the aforesaid documentary evidence had duly discharged the primary onus that was cast upon it, therefore, the A.O without dislodging the same on the basis of any material and/or evidence could not have held the amounts therein received as unexplained cash credit u/s.68 of the Act.
SEBI has accepted the request for surrender of certificate of registration of PMF. Consequently, PMF ceases to exist as a mutual fund w.e.f. June 02, 2022.
