Sponsored
    Follow Us:

CIT(E) should examine entire trust deed in totality vis-à-vis charitable activities: ITAT Pune

May 6, 2024 315 Views 0 comment Print

The tribunal emphasized that the CIT(E) should have evaluated the entire trust deed in conjunction with the actual charitable activities conducted by the trust to determine whether it solely served the Christian community or provided benefits to the broader community.

Adhoc Disallowance on Surmises Without Rejecting Books is unsustainable

May 6, 2024 651 Views 0 comment Print

ACIT Vs Merchant Agri Global Private Limited – Detailed analysis of Mumbai ITAT’s decision regarding adhoc disallowance of expenses without rejecting books of account. Full text of the order provided.

Objections to Arbitrator’s Jurisdiction can be Raised before Arbitral Tribunal itself: HC

May 6, 2024 219 Views 0 comment Print

Petitioner contended that disputes regarding insolvency and winding up are non-arbitrable. However, HC noted that objections to arbitrator’s jurisdiction could be raised before arbitral tribunal itself.

Disqualification of arbitrator with an interest in outcome of dispute: Kerala HC Ruling

May 6, 2024 141 Views 0 comment Print

The court examined the legal provisions and previous judgments, emphasizing the disqualification of an arbitrator with an interest in the outcome of the dispute. It noted that the unilateral appointment of the arbitrator by the Government of Kerala, a party to the dispute, violated legal principles established by the Supreme Court. Therefore, the appointment was deemed legally invalid.

SC Ruling on CESTAT Jurisdiction for compounding of offence under Customs Act, 1962

May 6, 2024 219 Views 0 comment Print

In the case of Principal Commissioner of Custom Vs Khan Sadaf, the Supreme Court of India dealt with the issue of whether the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) had the jurisdiction to entertain an application for compounding of an offence under Section 137 of the Customs Act, 1962.

ITAT Mumbai taxed LTCG from Penny Stock ‘Essar (India) Ltd’

May 6, 2024 942 Views 0 comment Print

Shanno Mohammed Yusuf Warsi Vs ITO (ITAT Mumbai) The case of Shanno Mohammed Yusuf Warsi Vs Income Tax Officer (ITO) at the Income Tax Appellate Tribunal (ITAT) Mumbai revolves around the taxation of long-term capital gains (LTCG) from penny stock transactions, specifically involving shares of Essar (India) Ltd. The central question is whether the assessee […]

Prioritize COC Commercial Wisdom in Resolution Plan Approval: NCLT Mumbai

May 6, 2024 147 Views 0 comment Print

The National Company Law Tribunal (NCLT) approved the Resolution Plan, emphasizing the paramount importance of the CoC’s commercial wisdom in such matters. The approval included various directions regarding the plan’s implementation, extinguishment of existing shares, reliefs, amendments to MoA and AoA, and cessation of the moratorium.

Section 54 does not mandate utilization of sale consideration from original asset

May 6, 2024 1002 Views 0 comment Print

Section 54F nowhere envisages that sale consideration obtained by assessee from original capital asset is mandatorily required to be utilized for purposes of meeting cost of new asset. Section 54 Exemption allowable despite start of construction of new house before sale of old house

Section 40A(2)(b) cannot be invoked if no excessive or unreasonable payment

May 6, 2024 582 Views 0 comment Print

Explore the intricacies of Section 40A(2)(b) with insights from the M S Hostel Vs DCIT case. Learn why salary disallowance requires thorough examination of fair market value and legitimate business needs.

Post-filing Corrections to Form 35A cannot be treated as filed beyond time limit

May 5, 2024 432 Views 0 comment Print

ITAT found that the original Form 35A was filed within the stipulated time and ruled that the correction made thereafter should not be considered late.

Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031