Delhi High Court held In the case of DIT vs. New Skies Satellite BV that the Vienna Convention on the Law of Treaties, 1969 (VCLT) is universally accepted as authoritatively laying down the principles governing the law of treaties.
Bombay High Court held In the case of CIT vs. V.S. Dempo & Co. Pvt. Ltd. that section 44B enacts special provisions for computing profits and gains of shipping business in case of non-residents and section 172 is enacted for the purpose of levy and recovery of tax in the case of any ship belonging to or chartered by a non-resident operated from India.
(i) Whether by a unilateral amendment in the Income Tax Act, an interpretation of the same term in the Double Taxation Avoidance Agreement can be changed? (ii) Whether by merely terming an amendment as ‘clarificatory’ and making it retrospective infact renders its retrospectivity valid in law?
Accordingly, both the impugned orders are set aside and the Executing Court is directed to proceed with the execution of decree against the present legal heir Hardayal Singh.
Madras High Court held In the case of M/s. Anusha Investments Ltd. vs. ITO that in the present transaction, admittedly there is no tax liability on the purchase of shares. As a result, the question of deducting tax at source and the assessee violating the provisions of Section 195 does not arise
Mumbai High Court held In the case of Pralhad @ Pratap s/o Tanbaji Pawar vs. State of Maharashtra that there has been a report also in the recent point of time that there are some more Corporations of the State of Maharashtra who have indulged into huge misappropriation of the taxpayers’ money in the alike fashion.
Pr. CIT vs. M Tech India P. Ltd (Delhi High Court) Where the payments are made for purchase of software as a product, the consideration paid cannot be considered to be for use or the right to use the software.
Invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, petitioner herein Shri Virendra Pandey seeks issuance of a writ in the nature of quo warranto against respondent No. 2 Shri Narayan Singh questioning his appointment and for his consequent removal from the post of Chairman, Chhattisgarh State Electricity Regulatory Commission.
Delhi High Court held In the case of Rakesh Kumar Garg & others vs. CCE that the SCN which proposed the penalty would have to make out a case for how Rule 26 is attracted. In the present case, apart from merely stating that the three Appellants were in control of the affairs
Selection and appointment on the post of Civil Judge (Entry Level) has to be made in accordance with the Chhattisgarh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 2006.
