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Judiciary

Dispute of Inheritance of Shares cannot be decided under Companies Law: SC

July 6, 2020 9372 Views 0 comment Print

Aruna Oswal Vs Pankaj Oswal & Ors. (Supreme Court) Hon’ble Supreme Court held that the basis of the petition is the claim by way of inheritance of 1/4th shareholding so as to constitute 10% of the holding, which right cannot be decided in proceedings under section 241/242 of the Act. Thus, filing of the petition […]

ITAT explains Reasons for delay in pronouncement of order during Lockdown

July 6, 2020 2808 Views 0 comment Print

ITO Vs Adul Kayum Ahmed Mohd. tamboli (ITAT Mumbai) The hearing of the matter was concluded on 19/02/2020 and in terms of Rule 34(5) of Income Tax (Appellate Tribunal) Rules, 1963, the matter was required to be pronounced within a total period of 90 days. As per sub-clause (c) of Rule 34(5), every endeavor was […]

If Registered with GST Liable to file GST Return despite Not Liable to Pay GST

July 6, 2020 12861 Views 0 comment Print

The present writ petition is based on the facts that owing to the advent of the new GST regime in case petitioner who is registered with GST is of the view that, is not liable to pay tax for these period need not file GST returns showing nil, but the provisions of the Act envisages requirement of filing returns.

Lease Income taxable as Business Income if property objective is income earning

July 5, 2020 19608 Views 1 comment Print

The issue under consideration is whether the lease income earned by the assessee is taxable under head Income from House Property or Income From Business ans Profession?

No section 68 Addition Merely on Suspicion of Accommodation Entry

July 5, 2020 2388 Views 0 comment Print

The issue under consideration is whether the AO is correct in making the addition u/s 68 of the Act for the Advances received for booking of commercial space?

No section 271(1)(c) Penalty for mere claim of expense under different income head

July 5, 2020 2421 Views 0 comment Print

The issue under consideration is whether the AO is correct in levying penalty u/s 271(1)(c) merely because the assessee claimed expenditure under a different head of income?

Subscription fees received from subscribers on sale of online product assessable as ‘Royalty’ 

July 4, 2020 3990 Views 0 comment Print

The issue under consideration is whether it is correct to treat the Subscription fees received from subscribers on sale of online product as Royalty income under Income Tax Act?

Constitutional validity of clause (f) of Section 43B of Income Tax Act, 1961

July 4, 2020 4938 Views 0 comment Print

The real crux of the case is understanding of Section 43B of the Act and object of legislation behind inserting clause (f) to Section 43B of the Act which has been very clearly explained in detail. Court also stated that that mere inclusion of clause (f) to Section 43B of the Act will not put an embargo or restrictions on the assessee to have the autonomy in the selection of the method of accounting as governing by Section 145 of the Act.

Turnover in respect of speculative transactions & section 271B Penalty

July 3, 2020 12240 Views 0 comment Print

Santosh Kumar Vs ITO (ITAT Jaipur) Tribunal has considered the guidance note of ICAI in respect of the tax audit U/s 44AB of the Act wherein the turnover or gross receipt in respect of speculative transactions has been considered as some total of positive and negative outcome of the speculative transactions. This Tribunal in a […]

Educational Loan cannot be rejected for Unsatisfactory Credit Scores of parents

July 3, 2020 4926 Views 1 comment Print

In the present case, the education loan application had been declined on the ground that the CIBIL report of the petitioner’s father showed that there was a default in a commercial vehicle loan availed by him.

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