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Arbitration application filed beyond 3 years is barred by limitation

August 5, 2022 4866 Views 1 comment Print

Held that an application u/s. 11(6) of Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator, filed beyond three years, is barred by limitation.

Stamp duty payable on market value of properties being situated in the State

August 5, 2022 2031 Views 0 comment Print

Held that as per the scheme of arrangement and amalgamation, the assets situated in the state of Rajasthan and required to be assessed by the statutory scheme of the Stamp Act of 1998.

Addition towards unexplained cash credit unjustified as evidences and books of account not rejected

August 5, 2022 1812 Views 0 comment Print

Held that addition u/s. 68 and 69A unsustainable as evidences relating to cash deposited submitted and not doubted by AO and also books of account of the assessee are also not rejected u/s 145(3).

Income from funds diverted at source under liquidation not taxable

August 5, 2022 1128 Views 0 comment Print

Held that as per section 21(2) of Deposit, Insurance and Credit Guarantee Corporation of India all the funds realized by Bank under liquidation are diverted at source. Such funds are not available to the assessee as income and hence such income is not taxable in the hands of the assessee.

Service tax on works contract is leviable only from 1st June 2007

August 5, 2022 2997 Views 0 comment Print

Held that service tax on works contract is leviable only from 1st June 2007. Prior to that there was no concept of works contract under the Finance Act, 1994.

Compensation and interest up to the date of land acquired is taxable as capital gain

August 5, 2022 2736 Views 0 comment Print

Held that compensation with interest received by the assessee up to the date of land acquired pursuant to the Hon’ble Supreme Court order should be taxed under the head Capital Gains.

Service tax demand based on TDS/ 26AS is unsustainable in law

August 5, 2022 5439 Views 0 comment Print

Held that demand of services tax on the basis of TDS /26AS statements/ 3CD Statements are not sustainable.

Exemption u/s 11 available to education activities resulting in university degrees

August 5, 2022 1620 Views 0 comment Print

Held that assessee providing education activities only which results in university degrees in various courses is eligible for exemption u/s 11.

GST: Bail granted as trial likely to take its own time to conclude

August 5, 2022 1665 Views 0 comment Print

Held that the present application is allowed and bail is granted after taking into consideration the maximum punishment and provisions of compounding the offences and also that trial will take its own time to conclude

Application against disputed interest allowable under Vivad Se Vishwas

August 5, 2022 3036 Views 0 comment Print

Kapri International Pvt. Ltd. (In Liquidation) Through Liquidator  Vs CIT (Delhi High Court) Held that any proceeding challenging a decision by the department in respect of tax, interest, penalty, fee etc. would come within the purview of a ‘dispute’ which would enable a party to approach the department for a resolution under the Direct Tax […]

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