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Limitation Act has no application once right to damage is extinguished

August 10, 2022 1545 Views 0 comment Print

Supreme Court Held that right to damage itself is extinguished, provisions of the Limitation Act have no application.

No infringement of copyright as books of Islam religion are bound to have some similar content

August 10, 2022 762 Views 0 comment Print

Held that there is no infringement of copyright as some contents are bound to be similar as teaching given in the Holy Books Quran and Hadees and other religious text related to Islam religion are bound to be same in all books which are about teaching on Islam.

Government liable to compensate for negligence of Government hospital

August 10, 2022 2568 Views 1 comment Print

Held that Government is vicariously liable for negligence on the part of the Government hospital. Court ordered lumpsum compensation of Rs. 5 Lakhs payable to the petitioner.

PCIT not entitled to direct AO to initiate penalty proceedings

August 10, 2022 2310 Views 0 comment Print

Held that revisional jurisdiction u/s. 263 of PCIT cannot be invoked for initiation of penalty proceedings without holding that the assessment order passed by the AO as erroneous and prejudicial to the interest of revenue.

Litigation expense incurred for possession of asset for conducting business is revenue in nature

August 10, 2022 1671 Views 0 comment Print

Held that assessee has no interest in the ownership of the asset but he is in possession of the asset for conducting its business, the litigation expenditure incurred is only to protect his business and, therefore, the same is revenue expenditure.

Pre-operative expenditure cannot be allowed as business expenditure

August 10, 2022 7827 Views 0 comment Print

Held that as the business has not been set up during the year under consideration all the pre-operative expenditures are not deductible as business expenditure

Cenvat Credit not eligible on Sales commission: CESTAT Bangalore

August 10, 2022 795 Views 0 comment Print

CESTAT Held that services of sales commission service don’t qualify as input service and accordingly Cenvat Credit on the same not available.

Loss of directors not allowable to the company

August 9, 2022 687 Views 0 comment Print

Held that activities of share trading were carried out by the directors in their individual capacity from their unique client codes. Accordingly, loss incurred in same is not allowable in the hands of company

Loss on investment in equity shares is business loss

August 9, 2022 3279 Views 0 comment Print

Held that the claim of loss accruing or arising as investment in equity shares, non-convertible debentures and zero coupon redeemable preference shares is not capital loss but eligible for deduction in computation of business loss

No Revision proceedings in highly debatable issue of Stamp duty guideline value

August 9, 2022 2370 Views 0 comment Print

PCIT was of the view that the difference of Rs.25 lakhs in view of the guideline value fixed by Stamp Valuation Authority at Rs.3.50 crores is to be accepted and added to the return of income of the assessee. We are of the view that this is highly debatable issue and even the tolerance limit of 10% is to be considered or not is again a debate.

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