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All High Courts

TDS not deductible on Severance package U/s. Section 10(10B) given to workmen as compensation by Govt Company

March 30, 2017 7704 Views 0 comment Print

It is held that the receipts in the hands of the employees of the HPF, pursuant to the severance package announced by the Central Government and intimated vide proceedings/circular is held to be a special privilege/protection granted to the employees of the HPF Ltd and therefore, the provisions of the Section 10(10B) of the Income Tax Act, 1961 are attracted and accordingly, the same shall not fall within the definition of income, while computing the total income of concerned employee and income tax cannot be deducted from the severance package paid to the employees of HPF.

Assessee not allowed to appear with Counsel to Record Statement U/s. 108 of Customs Act

March 30, 2017 4821 Views 0 comment Print

In view of law laid down by Apex Court in case of Poolpandi & Others v. Superintendent, Central Excise & Others, presence of counsel refusal during interrogation/recording the statement of a person under Customs Act would not be violative of Article 20 (3) and 21 of Constitution of India.

Interest Income waived is not taxable or will not form part of income

March 30, 2017 4509 Views 0 comment Print

In Shiva Laxmi Exports Ltd Vs CIT, the division bench of the Calcutta High Court held that interest income could not said to have had accrued when the same was waived by the Company by passing a resolution. While deleting the addition made in respect of the said income, the bench clarified that such income is excludable from the levy of income tax.

AO can adjust only 15% of demand against refund in stay application

March 30, 2017 6339 Views 0 comment Print

Rule made returnable forthwith. The learned Counsel for the respondent, waives service. Heard finally by consent of parties. The petitioner is a Company engaged in the business of manufacturing base station antennas, microwave antennas, R.F. cables, jumpers and connectors and trading in related products.

Civil Procedure code do not stricto sensu apply to industrial adjudication

March 29, 2017 6702 Views 0 comment Print

Provisions of the Code Code of Civil Procedure do not stricto sensu apply to industrial adjudication, even under the Code, after the Amendment Act, 1976, the normal rule is to decide all the issues together in a civil suit.

Courts not meant for Frivolous Litigation; No Stay on Release of Phillauri: Bombay HC

March 29, 2017 1269 Views 0 comment Print

Plantiff says that there is urgency because the Defendants’ film Phillauri, alleged to be in violation of the Plaintiffs’ copyright in their 2013 Gujarati, Bhojpuri and Nepali film Mangal Phera, is slated for public theatrical release just a few day hence — this very Friday, 24th March 2017.

Wind up Petition by employee claiming unpaid Salary is Maintainable

March 28, 2017 8133 Views 0 comment Print

An employee can maintain a Petition for winding up of a Company under section 439 r/w sections 433(e) and 434 of the Companies Act, 1956 as a creditor based on the claim of the recovery of his unpaid salary and wages.

Arbitral tribunal has no power to appoint Court Receiver, High Court

March 27, 2017 7911 Views 0 comment Print

The above Court Receivers Report dated 28th December, 2016 (Report) is filed by the Court Receiver, High Court, Bombay, seeking directions on Whether the Registry should accept the matters wherein the Arbitral Tribunal appoints the Court Receiver, High Court, Bombay, as a Receiver for execution of orders passed by it etc.

Hike in Tuition Fee For Installing air conditioning system is illegal

March 27, 2017 1131 Views 0 comment Print

Director of Education has held that 15% additional increase in tuition fee for the session 2015-2016 by the Schools for air conditioning system is illegal and liable to be refunded / adjusted.

Scholarship paid for pursuing studies abroad is Charitable Expense

March 27, 2017 2259 Views 0 comment Print

Payment of Scholarship by Charitable Trust for pursuing Engineering course from University of California, Los Angeles, USA in accordance with its objects is ‘Charitable Expenditure

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