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Archive: September, 2023

Posts in September, 2023

Order framed u/s 153C without incriminating material found during search is unsustainable

September 27, 2023 1368 Views 0 comment Print

ITAT Delhi held that the additions/disallowance, devoid of any incriminating material found during the course of search, cannot validate the assessment orders framed u/s 153C of the Act. Accordingly, assessment orders u/s 153C cannot be sustained and liable to be quashed.

Technical know-how fee falling under category of royalty eligible for deduction u/s. 80-O

September 27, 2023 351 Views 0 comment Print

ITAT Mumbai held that technical know-how fee received by the assessee falls under the category of royalty as defined in Section 80-O of the Income Tax Act and hence is eligible for deduction u/s. 80-O of the Income Tax Act, 1961.

Revisionary proceedings u/s 263 justified as order passed without proper inquiry and verification

September 27, 2023 474 Views 0 comment Print

ITAT Mumbai held that initiation of revisionary proceedings u/s 263 of the Income Tax Act justified as assessment order was passed by AO without proper inquiry and verification with regard to claim of deduction u/s. 80IA(4).

Long term capital gain and indexation accepted for one co-owner needs to be allowed for other co-owner too

September 27, 2023 855 Views 0 comment Print

ITAT Delhi held that once long term capital gain along with cost of acquisition and indexation accepted in the hands of one of the co-owner of the property, the same needs to be allowed/ accepted for other co-owner of the property too.

When Gratification other than legal remuneration is proved then presumption under Section 20 of PC Act could be invoked

September 27, 2023 462 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court observed that once the undue advantage i.e., any gratification whatever, other than the legal remuneration is proved to have been accepted by the accused, the Court is entitled to raise the presumption under Section 20 of the Prevention of Corruption Act, that he accepted the undue advantage as a motive or reward under Section 7, for performing or to cause performance of a public duty improperly or dishonestly.

Validity of will depends on free will, sound mind of testator and circumstances in which it was executed: SC

September 27, 2023 1239 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court while upholding the validity of will held that (a) the testator signed the Will out of his own free Will, (b) at the time of execution he had a sound state of mind, (c) he was aware of the nature and effect thereof and (d) the Will was not executed under any suspicious circumstances.

Where two interpretations of evidence are possible, concurrent findings based on evidence have to be accepted

September 27, 2023 519 Views 0 comment Print

In present facts of the case, the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI (NCDRC) observed that where two interpretations of evidence are possible, concurrent findings based on evidence have to be accepted and such findings cannot be substituted in revisional jurisdiction.

Removal of stones in gall bladder without consent of complainant is against medical ethics & constitute ‘medical negligence’

September 27, 2023 792 Views 0 comment Print

In present facts of the case, the revision petition was filed under section 21 of the Consumer Protection Act, 1986 which assails the order dated 05.05.2016 of the State Consumer Disputes Redressal Commission, Punjab, Chandigarh allowing the appeal and dismissing order dated 28.01.2013 of the District Consumer Disputes Redressal Forum, Bhatinda.

GST Registration cannot be cancelled without granting opportunity of being heard

September 27, 2023 978 Views 0 comment Print

Explore the case of Ashok Kumar Vishwakarma Vs. Union of India regarding GST registration cancellation, legal provisions, and the principle of natural justice.

CBDT issued Procedure for Income Tax Deduction Certificate Applications via TRACES

September 27, 2023 12810 Views 1 comment Print

Learn about the updated procedure, format, and standards for applying for an income tax certificate under Section 197 of the Income-tax Act in India. Effective from October 1, 2023

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