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Archive: December, 2022

Posts in December, 2022

Insurance Company cannot refuse to process claim when all formalities was completed: SC

December 17, 2022 11925 Views 0 comment Print

The Honble Supreme Court directed Insurance Company to process the complainants insurance claim and remit the payable sum as all formalities on behalf of deceased was completed. Further, a complete malafide intention was deciphered out from the sequence of events through which Insurance Company was trying to deny all benefits.

Workers employed by the Contractor do not automatically become the employees of the principal employer in absence of any legal provision

December 17, 2022 8334 Views 0 comment Print

The Honble Supreme Court while allowing appeal observed that there is no provision under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 that the workers/employees employed by the contractor automatically become the employees of the appellant and/or the employees of the contractor shall be entitled for automatic absorption and/or they become the employees of the principal employer.

Transfer valid in absence of Conditions prescribed under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007

December 17, 2022 3987 Views 0 comment Print

The Honble Supreme Court observed that effecting transfer subject to a condition of providing the basic amenities and basic physical needs to the transferor – senior citizen is sine qua non for applicability of sub-section (1) of Section 23. In the present case, it was not even pleaded by respondent no.1 that the release deed was executed subject to such a condition.

Reliance upon ITR shall be made while determining compensation under Motor Vehicles Act

December 17, 2022 3075 Views 0 comment Print

The Hon’ble Supreme Court determined compensation under Motor vehicles Act, 1988 on basis of Income Tax Return which was held to be a statutory document on which reliance be placed, where available, for computation of annual income.

Section 68 not applicable to remittance made by non-resident

December 17, 2022 6861 Views 0 comment Print

ITAT Bangalore held that provisions of section 68 of the Income Tax Act are not applicable to the remittance made in India by non-resident.

‘Security Premium Reserve’ not part of accumulated profits u/s 2(22)(e)

December 17, 2022 7554 Views 0 comment Print

ACIT Vs Bhagwati Coal Movers (P) Ltd. (ITAT Delhi) ITAT Delhi held that the ‘Security Premium Reserve’ cannot be regarded as part of accumulated profits under Section 2(22)(e) of the Income Tax Act. Facts- AO observed that the assessee has obtained loan amounting to Rs.5,52,50,000/- from M/s. Ajmala Stationery Ltd. A part of the loan […]

Jewellery holding up to permissible limits prescribed in CBDT circular is allowable

December 17, 2022 2319 Views 0 comment Print

ITAT Chennai held that addition as unexplained investment for quantity of jewellery within the permissible limits as per CBDT instruction no. 1916 dated 11.05.1994 is unsustainable.

Income from shareholders’ account taxable as life insurance business

December 17, 2022 1950 Views 0 comment Print

ITAT Mumbai held that income from shareholders account is to be taxed as a part of life insurance business as assessee is carrying on only life insurance business.

Expenses charged to farmers for harvesting and transportation of sugarcane not liable to service tax

December 17, 2022 2811 Views 0 comment Print

CESTAT Ahmedabad held that expenses charged to the farmers towards harvesting and transportation of sugarcane is not chargeable to service tax under Manpower Recruitment and Supply Agency Services.

ITC on CSR Expenses & Income tax Treatment, Penalty for not fulfilling CSR obligations

December 17, 2022 5601 Views 0 comment Print

CSR expenditure incurred, ITC shall be available in GST, Penalty for not fulfilling CSR obligations & Treatment of CSR expenditure in Income tax

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