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Discontinuation of Housing Scheme Doesn’t Disentitle Consumers’ Right to Claim Initial Allotment

August 10, 2023 687 Views 0 comment Print

In present facts of the case, it was observed that discontinuance of housing scheme would not disentitle the right of the Consumer to make claim on the project which was allotted initially.

Revisional Jurisdiction cannot be invoked to reassess & reappreciate evidence on record: NCDRC

August 10, 2023 2385 Views 0 comment Print

In present facts of the case, it was held that the power of National Commission to review under section 21 of the Act is limited to cases where some prima facie error appears in the impugned order and where two interpretations of evidence are possible, concurrent findings based on evidence must be accepted and such findings cannot be substituted in revisional jurisdiction.

More beneficial clause under Insurance Policy shall be operational for Consumer: NCDRC

August 10, 2023 450 Views 0 comment Print

In present facts of the case, it was held that the Consumer was entitled to get his claim covered under the sub clause of the Insurance Policy which provides him a higher benefit.

Penalty would be applicable for Illegal Undervaluation of Imported Goods: CESTAT

August 8, 2023 1332 Views 0 comment Print

In present facts of the case, demand of Custom duty was dropped as Bill of Entries were in the name of some different entities but the penalties were confirmed as the Appellant were actively involved in import of the goods and undervalued the same.

Notice u/s 148 can be Issued on Assessee’s Failure to truly disclose Material Facts: ITAT

August 6, 2023 1716 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal set aside Notice under Section 148 by making observation that the ld. Assessing Officer failed to pinpoint the failure at the end of the assessee to disclose all material facts fully and truly, which led the escapement of income from taxation.

Advisory Services Receipts Not Taxed as Technical Knowledge under India-UK DTAA: ITAT

August 2, 2023 2619 Views 0 comment Print

In present facts of the case, it was held that the services rendered were in the nature of advisory services as per the terms of the agreement, therefore these services cannot be the part of Fees for Technical Services (FTS) under Article 13 of India – UK DTAA.

Capital Expenditure Incurred Only When Whole Machine is Replaced, Not for Parts

August 1, 2023 1722 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal while deducting the additions made by Ld. AO for repair and maintenance, it was observed that if the replacement is of a baby part only, then the same cannot be considered to be a capital expenditure.

Refund Granted for Seized Amount under FERA Due to Recorded Transactions in IT Returns

August 1, 2023 624 Views 0 comment Print

In present facts of the case, the Hon’ble High Court granted refund to the petitioner along with Interest from year 1988 for the cash which was seized without any corroboration and the said cash was also duly reflected in Income Tax Returns.

Nullification of mandamus by an enactment would be impermissible legislative exercise: SC

July 28, 2023 1095 Views 0 comment Print

In present facts of the case, the Honble Supreme Court observed that the statute enacted by Parliament or a State Legislature cannot be declared unconstitutional lightly. Further, it was held that that nullification of mandamus by an enactment would be impermissible legislative exercise.

Interest under Section 35FF Commences from Appellate Authority’s Order Date: Delhi HC

July 27, 2023 606 Views 0 comment Print

In present facts of the case, the Hon’ble Delhi High Court observed that Section 35FF of the Excise Act indicates that interest would commence from the date of the order of the Appellate Authority as distinct from the making of an application which is prescribed to be the starting point insofar as Section 11BB of the Act is concerned.

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