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Supreme Court of India

Capital Gain was liable to be taxed at the time of receipt of last cheque when rights on immovable property extinguished

March 23, 2020 6801 Views 0 comment Print

Assessee entered into an agreement to sell a property with Builders Limited for a total sale consideration of Rs.5.5 crores. Pursuant to this agreement to sell, a Power of Attorney was by which, assessee appointed one director of Builders Ltd. to execute and join in execution the necessary number of sale agreements and/or sale deeds in respect of the schedule mentioned property after developing the same into flats.

SC indefinitely extends limitation period for filing appeals

March 23, 2020 29784 Views 0 comment Print

In re Cognizance for Extension of Limitation (Supreme Court) This Court has taken Suo Motu cognizance of the situation arising out of the challenge faced by the country on account of Covid-19 Virus and resultant difficulties that may be faced by litigants across the country in filing their petitions/applications/suits/ appeals/all other proceedings within the period […]

SC stays HC orders staying Coercive Recovery of taxes etc during Corona Virus crisis

March 20, 2020 1722 Views 0 comment Print

Union of India Vs P.D. Sunny & Ors. (Supreme Court of India) The Registry is directed to accept these special leave petitions against the judgment and order(s) passed by the High Court of Judicature at Kerala, Ernakulam Bench in Writ Petition (Civil) No.8231/2020 and of the High Court of Judicature at Allahabad, Allahabad Bench in […]

CA Challenges Constitutional validity of Vivad se Vishwas Act 2020

March 17, 2020 9567 Views 2 comments Print

CA Satyaprakash Singh from Mumbai has challenged Constitutional validity of Section 9 of Vivad se Vishwas Act, 2020 by FIling a Public Interest Petition with Hon’ble Supreme Court of India. By this Public Interest Petition, the Petitioner is impugning the Constitutional validity of Section 9 of Vivad se Vishwas Act, 2020. The Respondent No.1 has […]

Dues of secured creditor have preference over Crown debts: SC

March 15, 2020 3825 Views 0 comment Print

Connectwell Industries Pvt. Ltd. Vs Union of India (Supreme Court) It is trite law that, unless there is preference given to the Crown debt by a statute, the dues of a secured creditor have preference over Crown debts. Rule 2 of Schedule II to the Act provides for a notice to be issued to the […]

No writ should be filed if same issue is already pending before CIT(A)

March 14, 2020 4263 Views 0 comment Print

The issue pertaining to the taxability of anonymous donations received in Hundies maintained by the temple trust under Section 115BBC of Income Tax Act, 1961 is pending determination before the Commissioner of Income Tax (Appeals) for Assessment Year 2015-16.

Company qualifies for Section 80­IA deduction on Conversion from Partnership

March 10, 2020 2379 Views 0 comment Print

CIT Vs Chetak Enterprises Pvt. Ltd. (Supreme Court) It is manifest that all properties, movable and immovable (including actionable claims) belonging to or vested in a company at the date of its registration would vest in the company as incorporated under the Act. In other words, the property acquired by a promoter can be claimed […]

Section 12AA registration cannot be denied merely for lack of activities by trust before application: SC

March 10, 2020 1716 Views 0 comment Print

In the given case, the object of the provision in question is to ensure that the activities undertaken by the Trust are not contrary to its objects and that a Commissioner is entitled to refuse registration if the activities are found contrary to the objects of the Trust

Section 153C Requirement should be fulfilled by AO before initiating proceedings

March 10, 2020 4425 Views 0 comment Print

In the given case, the issue under consideration is whether there is a compliance of the provisions of Section 153C of the Act by the Assessing Officer and all the conditions which are required to be fulfilled before initiating the proceedings under Section 153C of the Act have been satisfied or not?

New trust entitled for Section 12AA registration despite no activity: SC

March 7, 2020 2631 Views 0 comment Print

Explore Supreme Court’s decision on trust registration under Section 12AA without activities. Learn implications for newly formed trusts. #IncomeTaxAct

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