Follow Us:

Adjudicating Authorities cannot Grant Section 10(23C) Approval with Retrospective Effect

May 1, 2022 1143 Views 0 comment Print

Bishnupur Public Education Institute Vs CIT (Exemption) (ITAT Kolkata) The adjudicating authorities under the Income Tax Act are quasi-judicial authorities. They can grant approval with retrospective effect if such mechanism is provided in the Act. There is no such provision nor there is any power to condone the delay after considering the reasonable reasons. A […]

Loan for Commercial Consideration & Business Expediency not attracts Deemed Dividend Provisions

May 1, 2022 1104 Views 0 comment Print

Yogesh Mehra Vs DCIT (ITAT Mumbai) Co-ordinate Bench has given categorical finding that all these loans and advances given to different companies by other companies are in the nature of loans and advances out of commercial consideration and business expediency. The co-ordinate Bench has given detailed reasons which stated that company has purchased land in […]

AO cannot disallow under section 14A without recording his Satisfaction

May 1, 2022 1284 Views 0 comment Print

Wanbury Limited Vs DCIT (ITAT Mumbai) ITAT find that during the year, the assessee has not earned any exempt income and further assessee denied that it has incurred any expenditure. Now therefore it is mandatory on part of the learned assessing officer to record a satisfaction that the claim of the assessee is not correct. […]

Section 138 of NI Act- Accused May Examine Complainant as A Witness to Disprove His Case

May 1, 2022 62856 Views 0 comment Print

S.M.D.Mohamed Abdul Khader Vs Muniswari (Madras High Court) The Honourable Supreme Court of India held that when the accused had taken specific stand that the complainant had no source of income to lend such a huge sum, the accused can very well prove the same by cross-examination, witnesses and materials. In this regard, the Honourable […]

Refund cannot be rejected merely for limitation if last day to apply was Public Holiday

May 1, 2022 1089 Views 0 comment Print

Credit Suisse Services India Pvt. Ltd. Vs Commissioner of Central Excise (CESTAT Mumbai) Admittedly as has been held in the Order-in-Original and Order-in-Appeal in terms of Notification No. 12/2013-ST the last date for filing of such refund application is before 30.04.2018 or to say in specific terms on or before 29.04.2018, though the same is not […]

Rule 17 – Order VI CPC – Clerical Mistake in Verification of Pleadings can be Rectified

May 1, 2022 13302 Views 0 comment Print

Rohit Surfactants Private Limited Vs Kanodia Salt Company Ltd (Allahabad High Court) In Regu Mahesh (Supra), the Court while dealing with compliance of Rule 15 (2) of Order VI relying upon its earlier judgment in case of A. Sapa Vs. Singora, 1991 (3) SCC 375, held that defect in verification or an affidavit is curable. […]

SC Dismisses Plea for Injunction against Hindi Remake of Tamil Film ‘Valee’

May 1, 2022 441 Views 0 comment Print

S. J. Suryah (A.K.A S. Justin Selvaraj) Vs S. S. Chakravarthy (Supreme Court) We have heard Mrs. V. Mohana, learned Senior Advocate, appearing for the petitioner for about half an hour but unable to convince this Court on the injunction to be granted against the remake of the film ‘Vaalee’ in Hindi and other languages. […]

immunity from penalty cannot be denied for delay/default by Revenue

April 30, 2022 1782 Views 0 comment Print

Nirman Overseas Private Limited Vs National Faceless Assessment Centre Delhi (Delhi High Court) AO issued the impugned order dated 16th March, 2022 denying the immunity from penalty and prosecuting the Petitioner on the ground that since no order under Section 270AA had been passed by the jurisdictional Assessing Officer within the statutory timeline, it may […]

HC cannot Direct Govt to declare any Monument to be of National Importance

April 30, 2022 351 Views 0 comment Print

In our opinion, a petition for direction to State Govt for issuing a notification declaring any monument to be of national importance cannot be issued as it is the matter to be decided by the competent authority under the aforesaid Act.

Guidelines on Compensation of KMP & Senior Management in NBFCs

April 29, 2022 2655 Views 0 comment Print

The Boards of all applicable NBFCs shall constitute a Nomination and Remuneration Committee (NRC). The NRC shall have the constitution, powers, functions and duties as laid down in section 178 of the Companies Act, 2013.

Search Post by Date
May 2026
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031