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Arbitrator assigning other person for interest quantification is against principle of natural justice

October 8, 2022 1209 Views 0 comment Print

Calcutta High Court held that an arbitrator cannot shun away his responsibilities and leave the work of quantification of awarded interest on chartered accountant. Accordingly, held that arbitration award suffers infirmity.

Remuneration to trustee cannot be ground to cancel registration of trust

October 8, 2022 5277 Views 0 comment Print

ITAT Hyderabad held that payment of remuneration to the trustees could result into disallowance of excess expenditure and the same cannot be a ground to cancel the registration of trust

Addition unsustainable once onus adequately discharged by assessee

October 8, 2022 849 Views 0 comment Print

ITAT Ahmedabad held that addition solely on the basis of investigation wing report unsustainable as onus was discharged by the assessee as PAN card and bank statements were duly submitted

ESOP expenditure allowable as deduction u/s 37(1) of the Income Tax Act

October 8, 2022 1044 Views 0 comment Print

ITAT Bangalore held that expression expenditure also includes loss and therefore the difference between the price at which the shares are issued to the employees and the market value of the shares would be expenditure incurred for section 37(1) of the Income Tax Act

Court can extend timelines of One Time Settlement with bank

October 4, 2022 2949 Views 0 comment Print

Telangana High Court held that the court can extend the timelines of One Time Settlement Scheme (OTS) on examination of the facts therein and also satisfying the reasons mentioned therein by the loanee.

Blood relatives not restricted as workman under Employees Compensation Act

October 4, 2022 2148 Views 0 comment Print

Karnataka High Court held that there is no prohibition under the Employees Compensation Act for blood relatives to be employer and employee.

Modification of arbitral award not allowed due to limited scope of 34 of Arbitration Act

October 4, 2022 5553 Views 0 comment Print

Delhi High Court held that considering the limited scope of judicial review u/s. 34 of the Arbitration Act, court cannot modify the arbitral award by awarding interest to the appellant.

Router Line Cards classifiable under CTI 8517 70 90

October 4, 2022 1677 Views 0 comment Print

CESTAT Delhi held that sub-units/sub-assemblies of equipments such as modems, routers, hubs, repeaters, multiplexers would not be apparatus and NIC (i.e. a standalone apparatus) cannot be compared with Router Line Cards. Thus, Router Line Cards are classified under CTI 8517 70 90 and not CTI 8517 69 90.

Interest expense on perpetual bonds allowable as deduction

October 3, 2022 1770 Views 0 comment Print

ITAT Mumbai held that mere RBI recognition of debt instrument as additional tier/ capital doesn’t change the nature of perpetual debt instrument. Hence, interest expenses on perpetual bonds, allowable as deduction under Section 36(1)(iii) of the Income Tax Act, 1961

Declared additional income taxable as business income & not deemed income

October 3, 2022 1449 Views 0 comment Print

ITAT Bangalore Held that declared additional income offered to tax as business income is sustainable when the only source of income is business income. Hence, the provisions of section 115BBE cannot be invoked to tax the income as ‘deemed income’.

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