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HC Stays Penalty order passed by IBBI against alleged Moratorium Term violations

June 29, 2020 660 Views 0 comment Print

Stay against Penalty order under IBC allowed against petitioner who has violated Terms of Moratorium

Amendment in Section 40(a)(ia) vide Finance Act, 2010 are retrospective

June 29, 2020 969 Views 0 comment Print

A.Y. Garment International Private Ltd. Vs DCIT (Karnatka High Court) Whether the Tribunal was justified in law in holding that the amendment made by Finance Act, 2010 in the provisions of Section 40(a)(ia) of the Income-tax Act, 1961 is not retrospective in operation on the facts and circumstances of the case? The issue whether the […]

Advances for purchase of vehicles/plant/machinery allowable as bad debt

June 28, 2020 2679 Views 0 comment Print

PCIT Vs Hybrid Financial Services Ltd (Bombay High Court) Under Section 36(1)(vii) of the Act, the amount of any bad debt or any part thereof which is written off as irrecoverable in the accounts of the assessee for the previous year is to be allowed as deduction in computing income under Section 28 of the […]

Section 148- Revenue cannot travel beyond reasons recorded & same cannot be supplemented at the Later stage

June 27, 2020 5445 Views 0 comment Print

Gateway Leaisng Pvt Ltd Vs ACIT (Bombay High Court) Section 148- Revenue cannot travel beyond reasons recorded & same cannot be supplemented at the Later stage. Reasons which are recorded by the Assessing Officer for re-opening an assessment are the only reasons which can be considered when the formation of the belief is impugned; such […]

HC differentiate between ‘Resignation’ & ‘Voluntary Retirement’

June 26, 2020 18294 Views 2 comments Print

Asha Ram Suryavanshi Vs Chhattisgarh Gramin Bank (Chhattisgarh High Court) There is a clear distinction between the term ‘Resignation’ and ‘Voluntary Retirement’. The reasons in the application for voluntary retirement cannot be construed by the management of it being an application for resignation from service. The management/employer cannot give its own interpretation to an application […]

HC grants Bail in GST Evasion case considering Clean Criminal History

June 26, 2020 1818 Views 0 comment Print

Anticipatory Bail Granted against GST Evasion by considering Clean Criminal History of Applicant along with furnishing a personal bond of Rs. 50,000/- with two sureties.

ISKCON is a well-known trade mark & use by others of if it is Misuse: HC

June 26, 2020 1731 Views 0 comment Print

At the outset, it is important to note that the claim of the Plaintiff that ISKCON is a well-known trade mark is not disputed by the Defendant. It is clear that ISKCON is a coined trade mark of the Plaintiff, that is to say that the said term ISKCON did not exists prior to the Plaintiff’s adoption and use of the same.

HC stays Interest, Penalty & Investigation imposed by NAA in Phillips India case

June 25, 2020 1083 Views 0 comment Print

Writ petition is filed for challenging order passed by National Anti-Profiteering Authority under CGST Act. HC approved Stay Application for Interest, Penalty & Investigation levied by Anti-Profiteering Authority

Transfer of land held as stock on HUF partition not amounts to conversion into Capital Asset

June 25, 2020 1818 Views 0 comment Print

The issue under consideration is whether land held as stock, transferred upon HUF – partition, tantamount to conversion into capital asset for the purpose of imposing a capital gain tax?

Permitting delinquent Employee to Continue at Same Place is not in Public Interest

June 25, 2020 3204 Views 0 comment Print

The issue under consideration is whether person is entitled to continue at the same place where he was posted at the time of passing the suspension order and committing the alleged misconduct?

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