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Supreme Court of India

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

March 14, 2020 4755 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 2613 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 1920 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 4821 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 2820 Views 0 comment Print

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

SC lifts Ban Imposed by RBI on Cryptocurrency (Read Judgment)

March 7, 2020 2901 Views 0 comment Print

Internet And Mobile Association of India Vs RBI (Supreme Court of India) We cannot lose sight of three important aspects namely, (i) that RBI has not so far found, in the past 5 years or more, the activities of VC exchanges to have actually impacted adversely, the way the entities regulated by RBI function (ii) […]

No contravention of EXIM Policy in case finished goods after job work cleared to DTA

March 6, 2020 2244 Views 0 comment Print

Commissioner of Central Excise Vs Universal Ferro & Allied Chemicals Ltd. (Supreme Court of India) Conclusion: Since in the transaction between the UFAC and TISCO, there was no transfer of property in goods to the UFAC and, as such, it could not be considered to be a sale under section 4 of the Sale of […]

Whether FCRA, 2010 allows Govt to decide political Status of an organisation?

March 6, 2020 2610 Views 0 comment Print

Whether Foreign Contribution (Regulation) Act 2010 (FCRA, 2010) (read with rules) allows Central Government to freely decide whether an organisation is political or not? What is Foreign Contribution (Regulation) Act 2010? The Foreign Contribution (Regulation) Act 2010 and rules framed under it (the ‘FCRA’ or ‘Act’) regulate contribution by non-governmental organisations (‘NGO’) in India. The […]

‘Seat of Arbitration’ instead of ‘Place of Arbitration’ was basis to determine supervisory power of a Court over arbitration

March 5, 2020 1308 Views 0 comment Print

Since the reference to Hong Kong as ‘place of arbitration’ was not a simple reference as the ‘venue’ for the arbitral proceedings; but a reference to Hong Kong was for final resolution by arbitration administered in Hong Kong

SC dismisses Dept. SLP against HC permission to file Revised TRAN-1

March 2, 2020 7707 Views 0 comment Print

Union of India & Ors. Vs. Adfert Technologies Pvt. Ltd. (Supreme Court) In the case of Adfert Technologies Pvt. Ltd. Vs Union of India & Ors., Punjab & Haryana High Court) has  directed the Government to permit the Petitioners to file or revise where already filed incorrect TRAN-1 either electronically or manually statutory Form(s) TRAN-1 […]

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