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Judiciary

Assessee Can Claim LTCG Exemption During Assessment Despite Survey Statements

April 29, 2024 1284 Views 0 comment Print

The central question raised was whether the Assessee could claim exemption under Section 10(38) after initially not doing so during the assessment proceedings.

Upon Repeal, Old Provision Ends; Substituted One Activates Upon Replacement

April 29, 2024 729 Views 0 comment Print

Supreme Court held that subject to statutory stipulation, a repealed provision ceased to operate from the date of repeal, and the substituted provision started operating as and when it is substituted.

HC Cannot Waive Pre-Deposit Condition in Extraordinary Writ Jurisdiction

April 28, 2024 744 Views 0 comment Print

Allahabad High Court ruling clarifies that pre-deposit condition for CEA appeals cannot be waived in writ jurisdiction, citing precedents and legal analysis.

ITAT Dismisses Appeal Due to absence of Reasonable cause for 726-Day Delay

April 28, 2024 429 Views 0 comment Print

Read the full text of the order from ITAT Chennai dismissing the appeal due to unexplained 726-day delay. Detailed analysis and implications provided.

ITAT allows Section 80P(2)(a)(i) deduction on dividend from Chennai Central Co-operative Bank

April 28, 2024 582 Views 0 comment Print

Read the detailed analysis of Union Bank of India’s case vs ITO where ITAT Chennai grants deduction under Section 80P for dividends from cooperative bank shares.

ITAT Restores Case: Assessee Denied Opportunity to Cross-Examine Witnesses

April 28, 2024 738 Views 0 comment Print

In ITO Vs Saivi Finance Pvt Ltd, ITAT Delhi restores the matter back to AO due to denial of natural justice, assessees not given chance to cross-examine persons whose statements were used against them.

Section 143(1) Assessment cannot be Reopened on Mere Suspicion: Bombay HC

April 28, 2024 9780 Views 0 comment Print

Explore how the Bombay High Court ruled against reopening Section 143(1) assessments without valid reasons, safeguarding taxpayers’ rights. Detailed analysis and implications.

SC explains Tests for granting interim injunctions/ stay orders

April 28, 2024 717 Views 0 comment Print

Explore Supreme Court of India’s tests for granting interim injunctions/stay orders, highlighting three-fold test, additional factors, and balance between free speech and reputation.

SC Allows Exclusion of Time Spent in Good Faith Pursuit Before Wrong Forum

April 28, 2024 375 Views 0 comment Print

SC allows Exclusion of Time spent bonafidely and diligently and in good faith before wrong forum under Section 14(2) of Limitation Act: Purni Devi Vs Babu Ram

Private Litigant vs. State: No Distinction in Condoning 12-Year – SC

April 28, 2024 267 Views 0 comment Print

Explore a detailed legal analysis of the Union of India vs. Jahangir Byramji Jeejeebhoy case, where the Supreme Court considers condoning a 12-year delay in filing a restoration application.

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