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Judiciary

Nature of work performed and not label assigned to worker should determine employment status

January 1, 2025 123 Views 0 comment Print

The appellants before this Court were originally engaged by the Central Water Commission on part-time, ad-hoc terms. Applicant No.1 was appointed as a Safaiwali in 1993, Applicant No.2 as a Safaiwali in 1998, and Applicant No.3 as a Safaiwali in 1999.

Delay in filing Form 9A condoned since the same was bona fide: Bombay HC

January 1, 2025 132 Views 0 comment Print

In this regard, the petitioner was guided by Central Board of Direct Taxes (“ CBDT” for short) Circular No. 7 of 2018, dated 20 December 2018 for the A.Y. 2016-2017 issued under Section 119(2)(b) of the IT Act.

No addition for NRI investment in mutual funds as the same was legitimate

December 31, 2024 747 Views 0 comment Print

AO had made the addition with the observation that no response was received from assessee. Based on that, he proceeded to complete the assessment u/s 144 based on the information available on his record.

Addition of ₹ 9 Lakh was treated as unexplained for unexplained cash deposits

December 31, 2024 3708 Views 1 comment Print

Assessee had filed his income tax return for A.Y. 2017-18 declaring ₹20,89,430. The case was scrutinized for capital gains from agricultural land sales and cash deposits during demonetization.

Interest from borrowed funds which temporarily held in interest bearing deposit is capital cost: Delhi HC

December 31, 2024 567 Views 0 comment Print

Delhi High Court held that the interest received on borrowed funds, which were temporarily held in interest bearing deposit, is a part of the capital cost and is required to be credited to Capital Work-in-Progress.

An intangible property cannot constitute a Permanent Establishment: Delhi HC

December 31, 2024 504 Views 0 comment Print

A person residing in USA desirous of transferring money to an individual or an entity in India, approaches a branch or an outlet of the assessee and transfers the money in USDs, together with the charges prescribed by the respondent-assessee.

Section 149 of Customs Act doesn’t not prescribe any time limit: CESTAT Bangalore

December 31, 2024 354 Views 0 comment Print

CESTAT Bangalore held that no time limit has been prescribed under the statutory provision of Section 149 of the Customs Act hence circular no. 36/2010 dated 23.09.2010 cannot prescribe particular time period which is not provide u/s. 149.

Deduction u/s. 80IA(4) not admissible to assessee collecting and transporting solid waste

December 31, 2024 438 Views 0 comment Print

ITAT Chennai held that disallowance of claim under section 80IA(4) of the Income Tax Act justified since assessee is engaged in only collection and transportation of solid wastes and is not engaged in operating and maintaining sold waste management system.

Cost imposed on DRI officer for 17 years of delay in filing application u/s. 311 of Cr.P.C.

December 31, 2024 264 Views 0 comment Print

Delhi District Court allowed the application under section 311 of the Code of Criminal Procedure (Cr.P.C.), however, imposed cost of Rs. 50,000 on DRI due to 17 years of delay in filing of a complain.

Coal India Limited Cleared of Dominance Abuse Allegations

December 31, 2024 267 Views 0 comment Print

Competition Commission of India examines clauses of Coal India Limited’s 2022 Scheme, finding no violation of Section 4 of the Competition Act.

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