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Repair expenditure disallowed as allegation not negated by assessee

August 5, 2022 741 Views 0 comment Print

Held that repair expenditure of propaganda van, a gifted vehicle, was alleged to be met by the donor. The onus was on assessee to negate the allegation of revenue. However, no such onus was discharged. Disallowance of expenditure justified.

If two choices are available, employee can select the one having higher benefits

August 4, 2022 2484 Views 0 comment Print

Held that when two choices are available, one under the provisions of the Payment of Gratuity Act and the other under such arrangement with the employer and if the latter offers better terms, the employee cannot be denied the right to receive those higher benefits.

A Person can be prosecuted under both section 420 of IPC & section 138 of NI Act

August 4, 2022 47487 Views 0 comment Print

Held that offences under Section 138 of the NI Act and Section 420 of IPC are distinct from each other because ingredients of the two offences are different. Person can be prosecuted under both the said sections.

Yes bank being a private bank is not amenable to writ jurisdiction

August 4, 2022 6597 Views 0 comment Print

Held that the respondent i.e. Yes bank being a private Bank is not amenable to the writ jurisdiction of this Court.

Addition u/s 68 of duly accounted cash sales is unjustified

August 4, 2022 1839 Views 0 comment Print

Held that the re-assessment and addition of the duly accounted cash sales of the assessee as unexplained cash credits u/s 68 by the AO without rejection of the books of account of the assessee u/s 145(3) of the Act is unjustified

Bail granted in GST tax evasion case as accused already undergone 1½ year of actual sentence

August 4, 2022 1062 Views 0 comment Print

Held that the power to grant bail is not to be deployed as a mechanism for imposing sentence even before a guilt is yet to be proved and established.

Order issued manually without DIN is invalid

August 4, 2022 7254 Views 1 comment Print

Held that impugned order without any DIN is in violation of CBDT circular no. 19/2019 dated 14.08.2019 and hence held as invalid.

Onus is on Revenue to establish that alleged goods are received in clandestine manner

August 4, 2022 1032 Views 0 comment Print

Held that revenue needs to establish that the goods lying or found in the shop/ godwon of the assessee are not duty paid.

Adoption of arms length price as NIL is untenable

August 4, 2022 1311 Views 0 comment Print

Held that treating value of international transaction as NIL without searching for transaction between non-associated enterprises is unsustainable in law

Seized goods can be released on provisional basis inspite of pending adjudication proceedings

August 4, 2022 3474 Views 0 comment Print

Held that a person from whom goods are seized has the right to seek provisional release immediately even as adjudication proceedings takes its own course.

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