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Archive: 20 December 2024

Posts in 20 December 2024

Labour Court Not Empowered to Determine Retrenchment Compensation Entitlement

December 20, 2024 327 Views 0 comment Print

Punjab and Haryana High Court held that the Labour Court in exercise of power under Section 33­C(2) of Industrial Disputes Act, 1947 cannot determine entitlement of retrenchment compensation. It can order to employer to pay already determined compensation.

No Need to Prove Bad Debt Once Written Off in books: ITAT Hyderabad

December 20, 2024 957 Views 0 comment Print

AO on perusal of the details submitted by the assessee observed that the assessee could not prove the bad debts written off in its books of accounts are, in fact bad debts and irrecoverable with relevant evidences.

Dispute Over Non-Payment of Wages and Termination Legality Non-Arbitrable

December 20, 2024 261 Views 0 comment Print

Supreme Court held that petition under section 11(6) of the Arbitration and Conciliation Act, 1996 is not maintainable since disputed that are related to non-payment of wages and legality and propriety of termination are non-arbitrable.

Fair market value on area allotted under occupancy certificated accepted: ITAT Bangalore

December 20, 2024 246 Views 0 comment Print

AO also made an addition on account of refundable security deposits paid by the developer to the assessee while entering the Joint Development Agreement as income of the assessee.

Indexation Benefit Admissible for Assets held in foreign countries: ITAT Mumbai

December 20, 2024 4038 Views 0 comment Print

ITAT Mumbai held that benefit of cost inflation index admissible as per second proviso to section 48 of the Income Tax Act. Accordingly, indexation benefit admissible even in respect of assets held in foreign countries.

SC: Penalty for Not Providing Inquiry Report Under Sexual Harassment Act

December 20, 2024 228 Views 0 comment Print

Supreme Court held that Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 mandates that inquiry report ought to be given to all the concerned parties.

Form 26B not required post issuance of Form 5 under VSV Act for refund: Allahabad HC

December 20, 2024 1614 Views 0 comment Print

The petitioner by submitting Form 1 & 2 dated 8.3.2021 applied for the settlement of disputed tax for F.Y. 2008-09 under the VSV Act, 2020 inter-alia indicating the amount payable under the VSV Act, 2020 at Rs.6,05,387/-.

Delay of nine years in filing refund application u/s. 119(2)(b) not condonable: Kerala HC

December 20, 2024 1956 Views 0 comment Print

The respondent/writ petitioner had approached the writ court impugning order passed by the Principal Commissioner, Income Tax rejecting the application filed by the respondent u/s. 119(2)(b) of the Income Tax Act, 1961.

ITAT Delhi remands Matter as CIT(A) Failed to Examine Section 148 Jurisdiction Validity

December 20, 2024 387 Views 0 comment Print

ITAT Delhi remanded the matter back to CIT(A) since CIT(A) failed to examined the validity of jurisdiction under section 148 of the Income Tax Act. Accordingly, order set aside and matter remanded back.

Criminal Proceedings Against Liquidated Company’s Director Unjustified: Telangana HC

December 20, 2024 450 Views 0 comment Print

Telangana High Court held that initiation of criminal proceedings under Criminal Procedure, 1973 against petitioner not justified since petitioner was not director of the company which got liquidated prior to filing of the appeal.

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