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Supreme Court of India

SC clarifies Retirement Age of ITAT President and Members

September 6, 2018 2853 Views 0 comment Print

We make it clear that the person selected as Member of the ITAT will continue till the age of 62 years and the person holding the post of President, shall continue till the age of 65 years.

CIT cannot cancel registration certificate granted U/s. 12A till 01.10.2004

September 5, 2018 855 Views 0 comment Print

Industrial Infrastructure Development Corporation (Gwalior) M.P. Ltd. Vs CIT (Supreme Court of India) The CIT had no express power of cancellation of the registration certificate once granted by him to the assessee under section 12A till 1-10-2004. It is for the reasons that, first, there was no express provision in the Act vesting the CIT […]

TDS U/s. 194I deductible on lease rent Paid to Noida Authority

September 1, 2018 13833 Views 0 comment Print

The High Court has read the relevant clauses of the lease deed and has rightly come to the conclusion that payment which is to be made as annual rent is rent within the meaning of Section 194­I, we do not find any infirmity in the aforesaid conclusion of the High Court. The High Court has rightly held that TDS shall be deducted on the payment of the lease rent to the Greater Noida as per Section 194­I.

TDS not deductible on Interest Paid to NOIDA Authority: SC

September 1, 2018 8196 Views 0 comment Print

Hon’ble SC held that Though NOIDA is not a local authority, it is a corporation established by Act and so payments to it are not liable to TDS U/s.194A of Income Tax Act, 1961.

SC imposes 10 Lakh Penalty on Income Tax Department for giving misleading statement

August 29, 2018 3018 Views 1 comment Print

CIT, Ghaziabad Vs. Hapur Pilkhuwa Development Authority (Supreme Court) The Supreme Court on Monday imposed a fine of Rs. 10 Lakh on the Income Tax Department for its casual approach and for giving a totally misleading statement in the case.  This petition for special to leave has been filed by the Commissioner of Income Tax, Ghaziabad. First […]

Salary Certificate is Not the Only Basis to calculate Motor Accident Compensation

August 26, 2018 5961 Views 0 comment Print

United india insurance co. Ltd. Vs Indiro devi & ors. (Supreme Court of India) There is no doubt that if the salary certificate is taken into account the salary of the deceased should be taken as Rs. 1,06,176/- since the gross salary was Rs.8848 per month. That, however, in our view does not mean that the income […]

IBC Will Override anything inconsistent contained in any other enactment: SC

August 16, 2018 4866 Views 0 comment Print

Pr. CIT Vs Monnet Ispat and Energy Ltd. (Superme Court of India) Given Section 238 of the Insolvency and Bankruptcy Code, 2016, it is obvious that the Code will override anything inconsistent contained in any other enactment, including the Income-Tax Act. We may also refer in this Connection to Dena Bank vs. Bhikhabhai Prabhudas Parekh […]

SC Stayed Bombay HC Order Granting Relief to Disqualified Director

August 10, 2018 7953 Views 1 comment Print

On Monday, 06th August 2018, the Honourable Supreme Court has stayed Bombay High Court Interim Order for granting relief to Disqualified Director by admitting Special Leave Petition by Ministry of Corporate Affairs.

Violation of natural justice renders Assessment void

August 9, 2018 4689 Views 0 comment Print

CIT Vs. Sunita Dhadda (Supreme High Court)  HELD by the Supreme Court: We do not find any ground to interfere with the impugned order. The special leave petition is, accordingly, dismissed. Held by the Rajasthan High Court: 5. Counsel for the respondent has relied upon the following judgments :- “1. CIT VS. Dinesh Kumar Sharma, […]

Benefit of ambiguity in Tax Exemption Notification should be given to Revenue: SC

August 1, 2018 11394 Views 0 comment Print

(1) Exemption notification should be interpreted strictly; the burden of proving applicability would be on the assessee to show that his case comes within the parameters of the exemption clause or exemption notification.

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