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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


All transactions in different bank accounts have to be taken in consideration while doing the Assessment

June 17, 2015 751 Views 0 comment Print

The CIT(A) remanded the matter and according to the remand report cash deposits were not explainable as there was cash in hand. Also, it was came to known that Assessee maintained one more account in Vijaya Bank which was not shown to the Department. Regarding the rental receipts it was observed by the AO

Reopening of Assessment u/s 147 cannot be allowed if there is any subsequent change in Law

June 17, 2015 369 Views 0 comment Print

Revenue submitted that there was no change of opinion as contended by assessee and accepted by the Ld.CIT(A) as assessee has not furnished ‘Project Completion Certificate’ nor furnished the complete details of AOP as pointed out by the AO. It was the submission that the original project has started way back in 1996 and therefore

Orders u/s 263 could be passed only after taking into consideration explanation offered by the Assessee

June 17, 2015 408 Views 0 comment Print

Impugned order has been passed by the Ld. CIT under section 263 without considering the explanation offered by the assessee and without applying his mind. The failure of the Ld. CIT, however, does not constitute any legal infirmity to make the order passed by him under section 263 invalid

HUF will be treated as Relative u/s 56(2)(vi)

June 17, 2015 2495 Views 0 comment Print

The expression HUF must be construed in the sense in which it is understood under the Hindu law HUF constitutes all persons lineally descended from a common ancestor and includes their mothers, wives or widows and unmarried daughters.

Delay could be condoned on the ground of Wrong Advice of Counsel

June 17, 2015 951 Views 0 comment Print

Tribunal held that in order to impart justice to the employees/assesses the delay deserves to be condoned. Accordingly, the Tribunal condoned the delay in filing the appeals. Regarding the issue of Section 10(10)(C), the Hon’ble Tribunal allowed the claim of the assessee holding that the authorities below were not justified in disallowing the amount of Rs.5 lacs

Deduction U/s. 10B is allowed only on “undertaking” not on “whole Business”

June 17, 2015 543 Views 0 comment Print

The Hon’ble Tribunal observed that the company has maintained and submitted separate set of accounts. There was a confusion between the total turnover of the business and total turnover of the undertaking. The Hon’ble Tribunal held that in the proviso to section 10B, there is reference to computation of total income of Undertaking.

Functionally Different Companies can’t be compared under transfer Pricing

June 17, 2015 1126 Views 0 comment Print

In the present case the Hon’ble Tribunal held that assessee can’t be compared with other companies when they are totally different in functions. Also, the Intellectual property Rights, Brand Value have to be seen while making comparisons under Transfer Pricing.

Forex gains are eligible for deduction u/s 10B

June 17, 2015 1934 Views 0 comment Print

In the present case the Hon’ble Tribunal held that the Forex gains or losses after the sale receipts would be treated as an amount which will be eligible for deduction under section 10B. On the second issue

Private Limited Company is an Inanimate Person and no Personal Expenditure could be Attributed to it

June 15, 2015 3448 Views 0 comment Print

In the present facts of the Case there are three vital issues in which the Hon’ble Tribunal held that expenses like Telephone expenses, Diwali Expenses, Travelling Expenses, Vehicle Running, Event management Expenses

Books cannot be rejected when PAN mentioned and TDS was deducted

June 12, 2015 1785 Views 0 comment Print

In the case of VV Constructions v ACIT, ITAT Pune held that the Books of account cannot be rejected for only the reason that there was some over writing in one of the transactions. Also, it can’t be rejected because the Assessee have furnished the PAN numbers and made TDS in all the transactions

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