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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 1599 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


Estoppel does not apply against a Statute

July 23, 2015 1735 Views 0 comment Print

In the present case the Hon’ble High court while deciding two vital issues held that the estoppels does not apply against a statute and Mere expansion of the Existing Units can’t be termed as a separate undertaking in order to claim deductions under section 10A.

Standby Maintenance Charges could not be termed as technical services u/s 9(1)(vii)

July 23, 2015 543 Views 0 comment Print

In the present case HC held that standby maintenance charges are not technical services within the meaning of section 9(1)(vii). On the issue of Restoration Activities High court held that amount received from restoration activities cannot be termed as business income as the large portion of the cable Network was outside the Jurisdiction of Territorial waters of India.

Liability to pay additional duty allowable in the year in which such liability arises

July 23, 2015 1732 Views 0 comment Print

Even though the excise duty was for manufacturing activity that occurred earlier, the liability to pay such additional duty did not exist in the previous years and as a result, could not have been claimed by the assessee as expenditure in the concerned previous years.

Businessman is best judge to decide its commercial expediency

July 23, 2015 607 Views 0 comment Print

In the present facts of the Case, the Hon’ble tribunal held that businessman is the best Judge to find out what is the best for his business and to whom he should employ as the Commercial Expediency is only known to him.

TNMM is a right method to arrive at ALP when assessee have not taken Substantial Risks

July 23, 2015 1830 Views 0 comment Print

In the present facts of the case the Hon’ble High Court held that as the assessee have not taken substantial risks and was a mediator in the international transactions. Hence, Transactional Net Margin Method is a right method instead of Profit Split method.

Proceedings u/s 263(1) could only be invoked after satisfaction of its Ingredients

July 23, 2015 875 Views 0 comment Print

In the present case the Hon’ble Tribunal held that for invoking section 263 both the conditions that the order of AO is erroneous as well prejudicial to the interest of Revenue should be satisfied

Reassessment could be Initiated if True Facts not Disclosed Earlier

July 23, 2015 277 Views 0 comment Print

In the present case, the Hon’ble High court held that the proceedings of re-assessment could be made if full and true facts have not been disclosed earlier. Also, it was held that section 68 could be invoked if the genuineness of parties are not proved.

Making of Advances without Interest is not Contrary to Law

July 23, 2015 409 Views 0 comment Print

Shiv Nandan Buildcon Pvt. Ltd. vs. CIT (Delhi High Court) In the present case the Hon’ble High Court have deleted the addition on account of a notional income when advances were made without charging of any interest.

Physical meeting of Commissioners not required u/s 86(2) of Finance Act, 1994

July 20, 2015 714 Views 0 comment Print

The Hon’ble High Court held that the Section 86(2) does not state as to the manner in which Committee of Commissioners have to arrive at a decision as to whether an appeal should be preferred against the order of Commissioner of Central Excise.

The JV can’t be Termed as an Association and would not be Taxed Accordingly

July 18, 2015 793 Views 0 comment Print

Delhi High Court in the case of CIT vs. M/s Oriental Structural Engineers Pvt. Ltd. held that the Joint Venture was not an Association of Persons and could not be taxed on that basis, where the JV was formed only to secure the contract

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