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Section 194A TDS not deductible on interest paid to Agra Development Authority: SC

March 14, 2022 2082 Views 0 comment Print

Union Bank of India Vs Additional Commissioner of Income Tax (TDS) (Supreme Court of India) Whether the appellant was required by the provisions of Section 194A of the Income Tax Act 1961 to deduct tax at source on payments of interest made to the Agra Development Authority. The issue which is raised in the present […]

HC grants Bail to GST Accused in views of conflicting views on the question of the inclusion or exclusion of the day of remand

March 14, 2022 3585 Views 0 comment Print

Rohit Mehta Vs Superintendent (Preventive) (Punjab and Haryana High Court) The contention on behalf of the respondent- Department is that the day of remand is to be excluded while calculating the sixty days period. In view thereof 28.11.2021 would be the Sixtieth day, the same day the complaint had been filed. The application of the […]

S. 138 NI Act: In absence of specific allegations about the applicant, he cannot be prosecuted

March 14, 2022 3717 Views 0 comment Print

High Court held that in absence of specific allegations about the applicant he cannot be prosecuted for any offence under section 138 N.I. Act (Cheque Bounce Case).

Experience A Relevant Criteria In Selection Process: Kerala HC

March 13, 2022 2100 Views 0 comment Print

Experience of a candidate being a relevant criteria in a selection to the post of Assistant Professor, we do not see the Selection Committee as having overstepped its jurisdictional limits while conducting the selection.

HC upholds former Income Tax Commissioner’s conviction in DA Case

March 13, 2022 5616 Views 0 comment Print

Swetabh Suman Vs Central Bureau of Investigation (Uttarakhand High Court) The conviction of the appellant Swetabh Suman for the offence punishable under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 is upheld and confirmed. The sentence imposed on the appellant Swetabh Suman under Section 13(2) read with Section 13(1)(e) of […]

No Supervisory PE established merely from visit of employees of Foreign Company in India for certain technical services

March 13, 2022 4950 Views 0 comment Print

FCC Co. Ltd. Vs ACIT (ITAT Delhi) ITAT had directed the assessee to file the description of services rendered by the employees of the assessee on their visit to India and the corresponding clause under the Agreement for Dispatch of Engineers under which such services would fall. In response, the assessee furnished Annexure 1 for […]

Office-bearers of statutory board cannot be removed merely by using the word public interest

March 13, 2022 1050 Views 0 comment Print

Sanjay Vs The State of Maharashtra (Bombay High Court) In the present case, absolutely no reason is forthcoming, nor the respondents have come with case as to what was the cause for terminating the Part Time Chairmanship of the petitioner. The State Government can only exercise this power on the basis of any relevant and […]

ITAT allowed section 54F exemption against new residential house purchased

March 13, 2022 1260 Views 0 comment Print

ITO Vs Sh. Subhash Chandra Narang (ITAT Delhi) Undisputedly, the Assessing Officer has added an amount of Rs.3,18,61,356/- as long term capital gain. The aforesaid addition is as a result of couple of disallowances, viz., disallowance of cost of improvement amounting to Rs.1,65,39,435/- and deduction claimed under section 54F of the Act towards investment in […]

Further Profit Attribution not required if Indian AE is remunerated at ALP

March 13, 2022 2499 Views 0 comment Print

ITAT held that when Indian A.E. is remunerated at arm’s length price (ALP) no further profit attribution is required and the issue of existence of P.E. becomes wholly tax neutral.

SARFAESI – Borrower cannot claim Discharge merely by Paying Highest Bid Amount If Bank Dues are more

March 13, 2022 4797 Views 0 comment Print

Bank of Baroda Vs Karwa Trading Company (Supreme Court of India) SC held that Section 17 of the SARFAESI Act was not justified in directing to release the mortgaged property and handover the possession along with the original title deeds to the borrower on payment of Rs.48.65 lakhs only which was the base price/ reserve […]

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