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Restraining exhibition of film post substantial expedition of time, money and effort is unjustified in law

December 22, 2021 954 Views 0 comment Print

Krishna Kishore Singh Vs Sarla A. Saraogi (Delhi High Court) Facts- In the present case, plaintiff (Sushant’s Singh family) questioned the court to examine the right to privacy of Sushant’s family to prevent the defendants from publishing film on Sushant’s life when the other side contended that the right to privacy of a celebrity extinguishes […]

Addition based on sole foreign source, without confronting the assessee, is unsustainable

December 22, 2021 846 Views 0 comment Print

Mohan Thakur Vs ACIT (ITAT Mumbai) Facts- As per the report, information was received from the Australian taxation office that the Assessee under consideration has transferred funds amounting to 12,97,122 AU (Australian Dollars) to many of his relatives through hawala system for the period of F.Y. 2007-08 to 2012-13. Shri. Shagun Thakur (son) has claimed […]

Open terrace area not part of built-up area for section 80IB(10) deduction

December 22, 2021 2784 Views 0 comment Print

Revenue preferred an appeal against ITAT order which hold that open terrace area which can be accessed only through the private balcony of the individual purchaser should not be included while computing the built-up area for the purpose of claiming deduction u/s 80IB(10).

CIT sanction without application of judicious mind is invalid- section 151

December 22, 2021 3477 Views 0 comment Print

Since in the present case, the sanction was accorded by the ld. CIT in a purely mechanical manner without application of judicious mind, therefore, the sanction so accorded cannot be held to be a proper and valid sanction within the meaning of Section 151 of the Act

Mistake crept & corrected at initial stage cannot invalid the entire proceedings

December 21, 2021 1533 Views 0 comment Print

Vedanta Limited Vs DCIT (Madras High Court) Facts- M/s. Sterlite Industries (India) Limited has merged with M/s. Sesa Goa Limited with effect form 17.08.2013. Thereafter, the said company namely M/s. Sesa Goa Limited was amalgamated with M/s. Vedanta Limited, the present petitioner, with effect from 21.04.2015. Mainly it was alleged that notice issued under section […]

IT Authorities are bound to carry on the proceedings in absence of any interim order

December 21, 2021 2268 Views 0 comment Print

Pentamedia Graphics Limited Vs ACIT (Madras High Court) Facts- The order is challenged by the assessee on account of period of limitation under section 153(2) of the Income Tax Act. Assessee argued that the period of limitation, prescribed under Section 153 (2), to pass an order of re-assessment expired on 12.10.2014. However, the impugned order […]

Undisclosed foreign bank account is an asset in terms of section 2(11) of Black Money Act

December 21, 2021 3297 Views 0 comment Print

An undisclosed foreign bank account per se can indeed be treated as an asset under section 2(11) of the Black Money (Undisclosed Foreign Income & Assets) and Imposition of Tax Act 2015.

Existence of a DAPE is wholly tax neutral

December 21, 2021 1026 Views 0 comment Print

So far as profit attribution of a DAPE is concerned, the legal position is that as long as an agent is paid an arm’s length remuneration for the services rendered, nothing survives for taxation in the hands of the dependent agency permanent establishment.

Reopening quashed due to change in opinion as final order confirmed addition u/s 68 instead of alleged section 56

December 21, 2021 1101 Views 0 comment Print

In our view no addition under section 68 of the Act on account of share capital could have been made only if addition under section 56 of the Act on share premium was also made. This is because Assessing Officer had no reasons to belief that income has escaped assessment under section 68 of the Act being cash credit on account of share premium or share application money or share capital as the case may be.

Application is acceptable once all conditions prescribed u/s 9(5)(i) of IBC are satisfied

December 21, 2021 4893 Views 0 comment Print

Ashimara Housing Private limited Vs Vibrus Homes Private Limited (NCLT Delhi) Facts-  An amount of Rs. 32,43,000/- was paid as an advance to the Corporate Debtor by the Operational Creditor. This deposit is towards the advance licence fee. By filing this application, the Petitioner has claimed that since the amount was not refunded, therefore, there […]

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