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Generation of LPG, a by-product, cannot hinder the fact that entire quantity of input and input services used for manufacture of dutiable product

May 21, 2022 390 Views 0 comment Print

Principal Commissioner Vs Reliance Industries Ltd. (Gujarat High Court) Generation of LPG, a by-product, cannot hinder the fact that entire quantity of input and input services used for manufacture of dutiable product Facts- The respondent is engaged in the manufacture of excisable goods like Motor Spirit, High Speed Diesel, LPG etc. It is the case […]

Section Exemption available for imparting architectural education

May 19, 2022 519 Views 0 comment Print

Held that imparting of ‘education’ in the field of architecture is covered within the provisions of section 2(15) of the Act and hence eligible for exemption under section 11 of the Income Tax Act

Onus to prove genuineness & creditworthiness of unexplained credit lies on assessee

May 19, 2022 6789 Views 0 comment Print

Section 68 of the Act creates a legal fiction which cast obligation on the assessee to explain to the satisfaction of the AO about nature and source of credit in case any amount is found credited in the books of the assessee maintained for any previous year.

Competent authority not prescribed for measurement of distance between municipal limit and agricultural land

May 17, 2022 5766 Views 0 comment Print

There is no specific authority who has been designated as being the ‘competent authority’ to measure distance between the land sold and the municipal limits.

Article 21 encompasses right to individual to refuse vaccination

May 8, 2022 4386 Views 0 comment Print

Jacob Puliyel Vs Union of India (Supreme Court of India) Facts- The Petitioner was a member of the National Technical Advisory Group on Immunization (NTAGI) and was advising the Government of India on vaccines. In the Writ Petition, the Petitioner highlighted the adverse consequences of emergency approval of vaccines in India, the need for transparency […]

Sale agreement/ General power of Attorney/ Will transactions are not ‘transfers’ or ‘sales’.

May 8, 2022 18792 Views 0 comment Print

Suraj Lamp & Industries Pvt. Ltd. Vs State of Haryana (Supreme Court) Facts- By an earlier order dated 15.5.2009 [reported in Suraj Lamp & Industries Pvt. Ltd. vs. State of Haryana & Anr. 2009 (7) SCC 363], we had referred to the ill – effects of what is known as General Power of Attorney Sales […]

Sales commission paid for enabling sale cannot be treated as FTS

May 8, 2022 2271 Views 0 comment Print

IRunway India Private Limited Vs DCIT (ITAT bangalore) Facts- The assessee filed its ROI for AY 2015-16 on 27 November 2015 declaring a total income of Rs. 52,289,620 under the normal provisions of the Income Tax Act, 1961 (Act). The AO passed the assessment order dated 26 December 2017 u/s 143(3) of the Act making […]

Rule of contra proferentem protects insured from unfavourable interpretation of an ambiguous term

May 8, 2022 1152 Views 0 comment Print

The rule of contra proferentem thus protects the insured from the vagaries of an unfavourable interpretation of an ambiguous term to which it did not agree.

Unilateral cancellation of registered deed by donor is not valid

May 8, 2022 8067 Views 0 comment Print

Chelluboyina Nagaraju Versus Molleti Ramudu Alias Vijayalakshmi (Andhra Pradesh High Court) Facts- The plaintiffs, sisters, filed suit to declare their title and for recovery of possession. In the plaint, it was contended that the plaint schedule property originally belonged to the mother of plaintiffs and that their mother executed a registered gift settlement deed in […]

Reasonable view of AO cannot be displaced in revisionary proceedings by any untenable or debatable view

May 8, 2022 399 Views 0 comment Print

A.O. had rightly endorsed the corroborated claim of the assessee in this regard, the PCIT, in our view, has attempted to substitute his wisdom by views of the A.O. without any definite basis. If the view of the PCIT towards the banakhat allegedly hollow or unenforceable is accepted, no income can be recognised at all.

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