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Financial distress of employer cannot be an excuse for denying or delaying payment of gratuity

January 1, 2025 150 Views 0 comment Print

Kerala High Court held that financial distress of the employer is not at all an excuse for denying or delaying payment of gratuity. Thus, held that no further time can be granted to employer for payment of gratuity.

Termination of service not possible without employer-employee relationship: Delhi HC

January 1, 2025 162 Views 0 comment Print

Delhi High Court held that there was no occasion for respondent to terminate service of petitioner since petitioner failed to establish that respondent is an ‘industry’ and there existed employer employee relationship between them.

FIR quashed as accused is exonerated in departmental proceedings

January 1, 2025 195 Views 0 comment Print

Delhi High Court held that since petitioner has been exonerated in departmental proceedings, the criminal prosecution premised on the same set of allegations cannot be permitted to continue. Accordingly, FIR quashed.

Reopening based on same material on which assessment order was passed is impermissible

January 1, 2025 264 Views 0 comment Print

Held that there was substantive correspondence between the petitioner and the Assessing Officer on all materials and subject matter of reopening and all such materials had formed part of the disclosure by the petitioner.

Application to Settlement Commission before 01.02.2021 not hit by provision of section 245C(5)

January 1, 2025 162 Views 0 comment Print

Calcutta High Court held that provisions of sub-section (5) section 245C of Income Tax Act is effective only from 1st February 2021, hence, application before Settlement Commission prior to that date cannot be held as invalid.

Penalty u/s. 271B deleted since reasonable cause shown for belated filing of audit report

January 1, 2025 315 Views 0 comment Print

Kerala High Court held that penalty under section 271B of the Income Tax Act, for non-compliance with provisions of section 44AB, not imposable since reasonable cause for belated filing of audit report established.

Nature of work performed and not label assigned to worker should determine employment status

January 1, 2025 159 Views 0 comment Print

The appellants before this Court were originally engaged by the Central Water Commission on part-time, ad-hoc terms. Applicant No.1 was appointed as a Safaiwali in 1993, Applicant No.2 as a Safaiwali in 1998, and Applicant No.3 as a Safaiwali in 1999.

Delay in filing Form 9A condoned since the same was bona fide: Bombay HC

January 1, 2025 282 Views 0 comment Print

In this regard, the petitioner was guided by Central Board of Direct Taxes (“ CBDT” for short) Circular No. 7 of 2018, dated 20 December 2018 for the A.Y. 2016-2017 issued under Section 119(2)(b) of the IT Act.

Interest from borrowed funds which temporarily held in interest bearing deposit is capital cost: Delhi HC

December 31, 2024 684 Views 0 comment Print

Delhi High Court held that the interest received on borrowed funds, which were temporarily held in interest bearing deposit, is a part of the capital cost and is required to be credited to Capital Work-in-Progress.

An intangible property cannot constitute a Permanent Establishment: Delhi HC

December 31, 2024 636 Views 0 comment Print

A person residing in USA desirous of transferring money to an individual or an entity in India, approaches a branch or an outlet of the assessee and transfers the money in USDs, together with the charges prescribed by the respondent-assessee.

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