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Claim of loss on share trading business of Benami business of other party not allowed

August 23, 2022 798 Views 0 comment Print

Held that the assessee was not carrying on any share trading business, and it was the benami business of other assessee. Accordingly, denial of the claim of loss justified.

Pension is deferred salary, akin to property under Article 300A

August 22, 2022 6054 Views 0 comment Print

Held that pension is deferred salary, akin to property under Article 300A of the Constitution of India. The right to pension is a constitutional right.

Failure to deposit interim compensation not take away right to cross-examine witness

August 22, 2022 1713 Views 0 comment Print

Held that right to cross-examine the witnesses examined on behalf of the complainant cannot be denied to an accused for his failure to deposit interim compensation.

Writ can be filed before High court where AO passing the order is situated

August 22, 2022 4434 Views 0 comment Print

Held that appeals against every decision of the ITAT shall lie only before the High Court within whose jurisdiction the Assessing Officer who passed the assessment order is situated. The principle remains the same even if the case of an assessee are transferred in exercise of power u/s 127.

TDS on interest on compensation not deductible by insurance company till 01.06.2015

August 22, 2022 5058 Views 0 comment Print

Held that insurance company is not required to deduct TDS on interest on compensation till 01.06.2015. However, after 01.06.2015, TDS is deductible if interest exceeds Rs. 50,000 per claimant per financial year.

Penalty u/s 20 of RTI imposable for delay in furnishing of information

August 22, 2022 9876 Views 0 comment Print

Held that certain information sought by petitioner was favoured to be furnished in time bound way, respondent couldn’t close the appeal of petitioner leaving culpable delay to go with impunity. Penalty u/s 20 of RTI imposed for delay for furnishing information.

Rejection of transaction value in absence of contemporaneous import is unsustainable

August 22, 2022 1353 Views 0 comment Print

Held that department failed to brought on record independent evidence showing that the price of imported goods were over-valued. Accordingly, in the absence of contemporaneous imports, the transaction value cannot be discarded.

If source of income is provided than deeming section 115BBE provision not applicable

August 22, 2022 2901 Views 0 comment Print

Held that deeming provisions of section 115BBE doesn’t apply as source of income clearly explained and established by the assessee

Threshold limit includes both principal debt and interest under IBC

August 22, 2022 14175 Views 0 comment Print

Held that minimum threshold limit of INR 1 Crore for maintainability of application for CIRP proceedings u/s 9 of IBC includes both principal debt as well as interest on delayed payment.

Addition of unexplained investment unsustained based on high status/family tradition & Streedhan

August 22, 2022 1152 Views 0 comment Print

Held that factors like high status, family tradition, deduction on account of purity and deduction towards Streedhan should be considered before making addition on account of unexplained investment. Accordingly, addition deleted.

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