Sponsored
    Follow Us:

Judiciary

TNVAT: Further recovery unjustified as appeal already pending & pre-deposit paid by assessee

March 17, 2023 2184 Views 0 comment Print

Madras High Court held that as an appeal is already filed which is still pending and statutory pre-deposit amount paid by the petitioner, VAT authorities cannot recover further sum from petitioner’s bank account or from any other source till statutory appeal is disposed of on merits.

Revision order u/s 263 rightly passed as AO failed to examine cash deposited during demonetization

March 17, 2023 2586 Views 0 comment Print

ITAT Chennai held that as cash deposited by assessee received from petty shop owners on account of sale of its product during demonetization period was not examined by AO during assessment. Accordingly, PCIT rightly passed revision order u/s 263 directing AO to carry out necessary verification.

Penalty u/s 271(1)(c) not leviable as disallowance of expense doesn’t mean incorrect furnishing of income

March 17, 2023 4317 Views 0 comment Print

ITAT Jaipur held that disallowance of expenses per se cannot mean that the assessee has furnished incorrect particulars of income. Accordingly, penalty under section 271(1)(c) of the Income Tax Act not leviable.

Penalty cannot be cancelled for mere non-specification of limb under which penalty u/s 271(1)(c) is levied

March 17, 2023 3018 Views 0 comment Print

ITAT Hyderabad held that penalty under section 271(1)(c) of Income tax Act cannot be cancelled merely because of non-specification of limb i.e., for concealment of income or furnishing inaccurate particular of income under which penalty is levied.

PCIT exercising suo motu revisional power cannot travel beyond scope of limited scrutiny in original order

March 17, 2023 861 Views 0 comment Print

Orissa High Court held that while exercising suo motu revisional power u/s. 263 of the Act, the CIT cannot travel beyond the scope of the issues which form part of the ‘limited scrutiny’ in the original Assessment Order.

Petitioner duly entitled for 5% simple interest on delayed payment of pension and gratuity

March 17, 2023 1287 Views 0 comment Print

Patna High Court held that petitioner is duly entitled for at least 5% Simple interest on delayed payment of pension and gratuity.

Resolution Professional can take Control Of Corporate Debtor’s Rights In Assets Licensed To Third Parties: SC

March 16, 2023 4998 Views 0 comment Print

Victory Iron Works Ltd. Vs Jitendra Lohia (Supreme Court of India) The main ground of attack of the appellants to the impugned orders of the NCLT and NCLAT is that by virtue of the Explanation under Section 18 of the Code and also by virtue of the judicial pronouncements, the disputes between the Corporate Debtor […]

Motor Accident Claim: Tyre Burst is not an ‘Act of God’ & Insurance Company is liable to pay Compensation

March 16, 2023 3477 Views 0 comment Print

Tyre burst is not an act of God but a consequence of negligence and the Driver/ Insurance company cannot be exonerated for the same.

Karnataka VAT: Charger sold with mobile phone in one set taxable at 5%

March 16, 2023 2448 Views 0 comment Print

Karnataka High Court held the charger which is sold along with the mobile phone in one set and accordingly taxable at 5% as covered under entry 53 of Schedule III of KVAT Act.

KINLEY water classifiable as water & not aerated/ mineral water & eligible for sales tax exemption

March 16, 2023 2415 Views 0 comment Print

Orissa High Court held that sale of packaged drinking water in the brand name KINLEY WATER falls within the expression water but not aerated or mineral water sold in bottles or sealed containers” hence classified under entry no. 39 of Schedule of Goods declared Exempted from levy of sales tax

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031