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Judiciary

Delay in Rent Payment cannot be condoned for Wilful Defaulters: SC

May 14, 2017 5787 Views 0 comment Print

Condonation of delay can take place only when the defaulting tenants so pleads with justifiable reasons which would show that he was prevented from compliance by circumstances beyond his control. The tenant has not offered any explanation for the delay in deposit of rents. Therefore, we do not find any justification to interfere with the order of the High Court.

Delhi HC condemns VAT dept for deliberate delay in issue of VAT refund

May 14, 2017 1467 Views 2 comments Print

Recently, in Asian Polymers Vs. Commissioner Of Trade & Taxes & Anr, the Delhi High Court reiterated that re-assessment cannot be used as a tool for causing delay in processing the refund applications. While scrapping the assessment orders passed by the DVAT Department, the division bench criticised the Officials in harsh words.

Exemption cannot be denied to a Trust merely for Profits from Publishing / Selling of School Books

May 14, 2017 4413 Views 0 comment Print

The textbooks are provided by the Assessee to the students at subsidised rates. Even the textbooks books, reading materials and school bags are being distributed free to deserving students. The essential activity of the Assessee is connected with ‘education’ and nothing else.

Redemption fine of 10% & penalty of 5% of value of goods is sufficient punishment to importer

May 13, 2017 19827 Views 0 comment Print

Issue of imposition of redemption fine and penalty has been settled and now various Benches of the Tribunal have consistently held that the redemption fine of 10% of the value of the goods and penalty of 5% of the value of the goods is sufficient punishment to the importer. Therefore, following the ratios of various […]

CA guilty of Professional Misconduct for giving forged challan copies

May 13, 2017 4698 Views 4 comments Print

This Reference, under Section 21 (5) of Chartered Accountants Act, 1949 (hereinafter referred to as “Act, 1949”), has been received in this Court, sent by Council of Institute of Chartered Accountants of India (hereinafter referred to as “ICAI”) in the matter of D.K.Agrawal, FCA of M/s Dinesh K. Agrawal & Co., Chartered Accountants, 46­A, Madhav Kunj, Pratap Nagar, Agra.

Delhi HC allows IT exemption to VHP for ban period post Babri Masjid Demolition

May 13, 2017 1164 Views 0 comment Print

The division bench of the Delhi High Court confirmed the Income Tax exemption granted to the Viswa Hindu Parishad (VHP) for the period in which they were banned by the government under UAP Act.

No TDS to be deducted on Export Commission by Hero Motors to HMCL

May 13, 2017 2115 Views 0 comment Print

In CIT Vs. Hero Motor corp Ltd, the Delhi High Court held that the payment of export commission made by the Hero Motors to Honda Motor Co. Ltd (HMCL) was not in the nature of payment of royalty or fee for technical services attracting dis allowance under Section 40 (a) (i) of the Income Tax Act.

TP: When Resale Price Method can be used with respect to related parties

May 13, 2017 3261 Views 0 comment Print

Transfer Pricing Officer has selected RPM as most appropriate method for determining the arm’s length price of the transaction of sale of programmes and film rights to ATL in contrast to the TNM method selected by the assessee. The first controversy is as to whether the Transfer Pricing Officer was justified in selecting the RPM as most appropriate method.

Stricture against HC in Lalu Yadav case for inconsistent decision-making

May 13, 2017 1845 Views 0 comment Print

Such inconsistent decision-making ought to have been avoided at all costs so as to ensure credibility of the system. The impugned orders are palpably illegal, faulty and contrary to the basic principles of law and Judge has ignored large number of binding decisions of this Court while giving impermissible benefit to the accused persons and delayed the case for several years.

HC on non-striking off of irrelevant clause in Section 271(1)(c) penalty SCN

May 13, 2017 3921 Views 0 comment Print

In the notice issued u/s 274 r.w.s. 271(1)(c) of the Act of even date, both the limbs of Sec. 271(1)(c) of the Act are reproduced in the proforma notice and the irrelevant clause has not been struck-off

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