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HC Remands Case to CIT for Reconsideration on University’s Section 10(23C)(vi) Eligibility

September 16, 2024 609 Views 0 comment Print

Chhattisgarh High Court ruling on Shaheed Nand Kumar Patel Vishwavidyalaya vs CIT. Examines rejection of tax exemption under Section 10(23C) of IT Act.

Covid-19 lockdown valid reason to extend time for auction purchaser to deposit balance consideration

September 16, 2024 1080 Views 1 comment Print

Supreme Court held that Covid-19 lockdown was a valid reason for extension of time to deposit the balance sale consideration to auction purchaser under Insolvency and Bankruptcy Code.

Flat owner’s society employing person for rendering personal services doesn’t qualify as workmen: Delhi HC

September 16, 2024 1176 Views 0 comment Print

The building, namely Kanchanjunga was constructed in the year 1972 by its promoters M/s Kailash Nath & Associates which had engaged some persons to look after the security of the building maintenance and cleaning of the common area of the building and lift etc.

Parties’ rights cannot override child’s welfare while deciding custody of minor children: Supreme Court

September 16, 2024 822 Views 0 comment Print

Supreme Court held that while deciding custody of minor children, the only paramount consideration is the welfare of the minor. The parties’ rights cannot be allowed to override the child’s welfare.

No criminal breach of trust u/s. 405 of IPC without deduction by employer: Karnataka HC

September 16, 2024 684 Views 0 comment Print

Karnataka High Court held that deeming fiction under section 405 of the IPC would be attracted only when there is deduction made by the employer and not otherwise. In absence of deduction, the deeming fiction cannot be invoked nor could there be said to be an offence amounting to criminal breach of trust.

No time limit prescribed u/s. 149 of Customs Act for amendment of shipping bills: CESTAT Mumbai

September 16, 2024 1866 Views 0 comment Print

CESTAT Mumbai held that rejection of request for amendment of shipping bills u/s. 149 of the Customs Act, 1962 on the ground of delay unjustified as legal provisions doesn’t prescribe any specific time limit.

GST Levy due to Turnover Mismatch: Case Remanded for Fair Hearing

September 16, 2024 855 Views 0 comment Print

GST levy issue due to turnover mismatch between Form 26AS and GSTR 3B; case remanded for violating natural justice by denying an opportunity of hearing.

Exemption u/s. 10(38) disallowed as sale of share was an affair to convert unaccounted money: ITAT Ahmedabad

September 16, 2024 5208 Views 0 comment Print

ITAT Ahmedabad held that claim of exemption u/s. 10(38) on sale of shares rightly disallowed as assessee failed to prove genuineness of transaction and long-term capital gain on sale of shares was an arranged affair to convert its own unaccounted money.

Interest u/s. 234B leviable as cash seized cannot be adjusted against tax liability as advance tax

September 16, 2024 741 Views 0 comment Print

Punjab and Haryana High Court held that cash seized cannot be adjusted against tax liability as advance tax and hence interest under section 234B of the Income Tax Act on delayed payment of advance tax duly leviable.

Penalty u/s. 270A cannot be levied in absence of under reporting of income: ITAT Delhi

September 16, 2024 1833 Views 0 comment Print

ITAT Delhi held that penalty under section 270A of the Income Tax Act not leviable since income assessed and income processed are same. Accordingly, in absence of under reporting of income, no penalty can be levied.

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