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Property purchased Wife name: Nature of transaction is to be determined on the basis of intention of parties

June 29, 2022 37443 Views 0 comment Print

The intention of the parties is a key factor in determining the nature of the transaction. Hence, when the husband purchased the property in favour of his wife, unless the contrary is proved, it will be treated as the property of the wife purchased for her benefit.

TDS u/s 195 not deductible on mere reimbursement

June 29, 2022 1878 Views 0 comment Print

TDS not deductible u/s 195 as the petitioner only seeks to make payment to Walmart Inc. of its payment to the seconded employee which is stated to be by way of reimbursement

Wrongful Availment of ITC is a Bailable and non-cognizable Offence: HC

June 29, 2022 1020 Views 0 comment Print

The applicant is in jail since 27th October, 2021 i.e. for more than 9 months. Appellant contended that it is settled law that in criminal jurisdiction, presumption of innocence has to be presumed. It is further submitted that in the GST portal, there is no system of cross-checking in their software for the traders who are wrongfully availing Input Tax Credit.

RTI: Withholding of information, that is not sensitive/ confidential, is unjustified

June 29, 2022 2397 Views 0 comment Print

Held that the information that does not touch upon any of the sensitive and confidential activities undertaken by the Vigilance Department, cannot be withheld.

Criminal proceedings justified in concealment of income, without filing return

June 29, 2022 915 Views 0 comment Print

Criminal proceedings justified on account of wilful and deliberate concealment of true and correct income by not filing the return of income within the time stipulated

Period of limitation u/s 153 is applicable in remand matters

June 29, 2022 10686 Views 0 comment Print

Held that the period of limitation prescribed under Section 153 (2A) or 153 (3) is applicable, when the matters are remanded back irrespective of whether it is to the Assessing Officer or TPO or the DRP, the duty is on the assessing officer to pass orders.

Arbitration agreement enforceable by/ against the heirs of deceased

June 29, 2022 3540 Views 0 comment Print

Held that agreement would not be discharged by death of the party thereto and will be enforceable by or against the heirs of the deceased. Accordingly, present arbitration application allowed.

File appeal against assessment order raising demand for difference in ITC claimed with GSTR-2A: HC

June 29, 2022 4563 Views 0 comment Print

Explore Progressive Stone Works challenge against GST Assessment Orders for AY 2017-18 and 2018-19. Learn about discrepancies in ITC, legal clarifications, and the impact on input tax credit.

Interference u/s 34 unjustified as arbitral award doesn’t contradict public policy

June 29, 2022 2451 Views 0 comment Print

Provisions of section 34 restricts the scope of interference with the arbitral award on the ground of public policy. Present arbitral award doesn’t contradict public policy hence interference unjustified.

Every offence under section 147 of Negotiable Instruments Act was compoundable

June 29, 2022 9846 Views 0 comment Print

Section 147 of the Negotiable Instruments Act makes every offence punishable under the Act as compoundable and there is no bar on parties to compound the offence. However, at the same time, the guidelines laid down by the Hon’ble Apex Court in Damodar S. Prabhu’s Case regarding imposing graded cost on litigant that the accused should pay 15% of the cheque amount by way of cost also was to be borne in mind.

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