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Advocate Bharat Agarwal

Latest Judiciary


Interest under Section 35FF Commences from Appellate Authority’s Order Date: Delhi HC

Excise Duty : In present facts of the case, the Hon’ble Delhi High Court observed that Section 35FF of the Excise Act indicates that interest ...

July 27, 2023 600 Views 0 comment Print

Demanding legitimate dues is not extortion under Section 385 of IPC

Corporate Law : In present facts of the case, the Hon’ble High Court quashed the proceedings under Section 385 of IPC pertaining to extortion as...

July 25, 2023 1596 Views 0 comment Print

Public Authority not required to provide ‘opinion’ or ‘advice’ under RTI: CIC

Corporate Law : Unravel the Rahul Gupta vs CPIO case where the CIC upheld that public authorities are not obliged to provide opinions or advice u...

June 28, 2023 2202 Views 0 comment Print

Order Supported by Reasoning, Documents and Facts: Not Arbitrary

Corporate Law : Rajasthan High Court upheld order of Electricity Ombudsman, which allowed recovery of transformation losses and pro-rata transform...

June 28, 2023 441 Views 0 comment Print

Licence/ Royalty fees to facilitate Trading Operation & Effective Management is Revenue in Nature

Income Tax : ITAT Delhi held in case of DCIT v Hitz FM Radio India Ltd. that expenditure related to licence fee and royalty which helps merely ...

January 27, 2016 1486 Views 0 comment Print


Section 48 applies only when expenses are ‘wholly and exclusively” for property

August 27, 2015 6601 Views 0 comment Print

Hon’ble High Court while interprating section 48 held that while calculating Capital gain the expenses made will only be considered if it is made wholly or exclusive for that property. Also, the Hon’ble High Court held that The Hon’ble Tribunal was right in taking into consideration of the Judgement of Jurisdictional High Court.

No interest u/s 234B during Block Assessment

August 27, 2015 971 Views 0 comment Print

In the Case of ACIT v Akhil Jain, ITAT Delhi held that no interest will be levied u/s 234B during the Block Assessment by the virtue of Section 158BF.

No Penalty could be levied u/s 271(1)(c) if only advance is received and no actual sale is made

August 27, 2015 1769 Views 0 comment Print

Hon’ble Tribunal held that whenever the consideration is received in advance for the particular sale, The money will be taxed in the year in which the sale is made and not in the assessment year in which the advances are received.

No Service Tax on the Amount received as Wharfage Charges- SC

August 20, 2015 3702 Views 1 comment Print

In the case of CCE v M/s Gujarat Maritime Board Hon’ble Supreme Court held that no service tax will be levied if the amount is collected under the wharfage charges which is prescribed under the Statute and doesn’t come under the ‘Port Services.

Intention of Legislature and Purposive Construction should be Considered while interpreting a Notification- SC

August 20, 2015 972 Views 0 comment Print

In the case of M/s Coastal Papers v CCE,Hon’ble Supreme Court while interpreting the Notification No. 22/94-CE, held that whenever the notification is interpreted the intention of the Legislature should be considered.

Risograph is a Printing Machine and will be classified accordingly – SC

August 20, 2015 757 Views 0 comment Print

Hon’ble Supreme Court has held in the case of HCL Limited v Commissioner of Customs that Risograph is a printing machine and not a duplicating machine.

Security services by Trust in confirmation to its objects for general public utility will be considered as “charitable” in Nature

August 14, 2015 522 Views 0 comment Print

In the case of Gujarat Industrial Security Force Society v Dy. DIT (Exemption) it was held that the activity related to providing security services whose objective was to provide employment to youth and retired army personnel will not be treated as business activity but an activity which is charitable in nature.

Penalty cannot be escaped by payment of taxes before initiation of Penalty Proceedings or for financial hardship/diverse location

August 12, 2015 1643 Views 0 comment Print

In, the present case the Hon’ble High Court held that the deposit of tax before the initiation of penalty proceedings will not help Assessee in escaping the penalty proceedings u/s 221. Also, the point of Financial hardship, diverse locations and lack of computerization will not give any relief to the assessee.

Judicial Functions should not be performed in Arbitrary Manner- HC

August 12, 2015 442 Views 0 comment Print

In the present case the Hon’ble High Court while accepting the Writ filed by the assessee, restored the matter back to the Tribunal by observing that the Judicial Functions should not be performed in the arbitrary manner.

No malafide intention no penalty

August 12, 2015 6153 Views 0 comment Print

In, the present facts of the Case the Hon’ble High Court held that no penalty could be levied until it is proved that there was an active concealment or there is deliberate furnishing of inaccurate particulars.

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