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Offence u/s 63 of the Copyright Act is a cognizable offence

June 21, 2022 2322 Views 0 comment Print

Offence u/s 63 of the Copyright Act provides punishment of imprisonment for a term which shall not be less than six months but which may extend to three years and with fine. Accordingly, Part II of the First Schedule of the Cr.P.C., if the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence.

No revenue recognition as completion work below 25%

June 21, 2022 3726 Views 1 comment Print

Total estimated construction cost the percentage of the completion works out to 24.89% which is less than the 25%, being the limit prescribed for recognition of Revenue.

Addition untenable as interest-bearing funds not used for advancing interest-free funds

June 21, 2022 795 Views 0 comment Print

Additions under section 36(1)(iii) of the Act, without bringing anything on record to suggest that interest-bearing funds were actually utilised for the purpose of advancing funds on which no interest was charged by the assessee, is unsustainable in law.

Adoption of deemed sale consideration in violation of section 50C(2) unjustified

June 21, 2022 2364 Views 0 comment Print

AO failed to follow the procedure as prescribed under section 50C(2), held that the CIT(A) was not justified in confirming the action of the AO in adopting deemed sale consideration in violation of section 50C(2) of the Act. Actual sale consideration adopted for LTCG

Condonation of delay granted on medical grounds

June 21, 2022 10824 Views 0 comment Print

Assessee submitted medical certificate justifying delay. Accordingly held that there was sufficient cause for condoning the delay in the institution of appeal before the CIT(A) by the assessee.

Cash balance available in books deposited in bank is not unexplained deposit

June 21, 2022 1506 Views 0 comment Print

It is normal presumption that, if the deposits have been made from the cash balance available in the books of accounts, then the sources of the cash would stand explained and hence, there is no necessity to treat it as unexplained deposits warranting addition.

Holistic view adopted for calculation of fair market value

June 20, 2022 2316 Views 0 comment Print

Held that tribunal in assessee’s co-owner case has taken holistic view in adoption of fair market value as DVO has himself stated in his report that the impugned land was situated at a more appropriate location as compared to sale instances considered by him.

During conflict, public interest will outweigh the personal interest

June 20, 2022 3708 Views 0 comment Print

It is a settled position of law that in case of a conflict between public interest and personal interest, public interest will outweigh the personal interest.

Compensation cannot be denied merely because of delay

June 20, 2022 5595 Views 0 comment Print

Ajet Ali Baidya Alias Ajet Baidya And Others Vs The State of West Bengal And Others (Calcutta High Court) Right to property is a valuable right flowing from Article 300A of the Constitution of India, merely on the ground of delay, the State cannot deny its obligation to compensate the petitioners. Facts- The writ petitioners prayed […]

CPC has no jurisdiction u/s 143(1) when decisions are in favour of assessee

June 20, 2022 1479 Views 0 comment Print

I hold that CPC has no jurisdiction of adjustment u/s. 143(1) on this issue where admittedly there were decisions in favour of the assessee from the Hon’ble High Courts

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