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Judiciary

Person raising construction on land belonging to another would be a “person interested” under section 2(d) of the Coal Bearing Areas (Acquisition and Devlopment) Act, 1957 to claim compensation.

September 8, 2016 762 Views 0 comment Print

These are the batch of Misc. Appeals filed under Section 20(1) of the Coal-Bearing Areas (Acquisition And Development), Act of 1957 (hereinafter referred to as the ‘Act 1957’), challenging the order passed by the Tribunal (Presided over by the District Judge) constituted under Section 15 (2) of the Act 1957.

Decree passed against a minor or a person of unsound mind without appointing his guardian is void

September 8, 2016 7608 Views 0 comment Print

This appeal is directed against the decree of judicial separation passed by the Family Court, Durg on 21.01.2014. 2. The appellant preferred an application under Section 13 of the Hindu Marriage Act, 1955 (henceforth ‘the Act, 1955’) on the pleadings that her marriage was solemnised with the respondent on 09.06.2003. After one and half years of marriage, the respondent lost his speech and thereafter other organs including the sexual organ became ineffective.

Liability of Directors for Events Taken Place Before Appointment- SAT Ruling

September 7, 2016 4621 Views 1 comment Print

In one of the recent rulings of the SAT, Mumbai, the interim order passed by SEBI in the matter of Neesa Technologies Limited(Company) has been quashed qua one of the directors i.e. Mr. Nimain Charan Biswal who had joined and resigned from the directorship of the Company before the issuance of Non-convertible Debentures (NCDs),the subject matter of the case.

No Disallowance U/s.14A for mere decrease in shareholders funds

September 6, 2016 747 Views 0 comment Print

CIT Vs M/s Max India Limited (Punjab and Haryana HC) Where assessee’s borrowings of interest bearing funds got increased during the year, it could not be presumed that such borrowed funds were utilized for the purpose of investing in assets yielding exempt income and disallowance under section 14A made on the basis of such unfounded […]

Addition U/s. 68 not justified for mere allotment of Shares at Premium of Rs. 39900

September 6, 2016 3463 Views 1 comment Print

From the working submitted by the Appellant, it is evident that the value of each share is worked out at Rs. 40,616/-. Thus, apparently, higher share premium of Rs. 39,900/- is justifiable because of limited number of shares of the assessee company who are actual owner of assets of worth more than Rs. 60 crores.

Systematic / Regular Sub-Leasing of premises is taxable as business Income

September 6, 2016 1681 Views 0 comment Print

Assessee carried on a systematic and regular activity in the nature of business and therefore the income from granting the premises on sub-license was to be assessed under the head income from business.

No penalty for not declaring STCG due to bonafide mistake/clerical error

September 5, 2016 4150 Views 0 comment Print

Merely because of the fact that assessee is a CEO of a multinational company mistake cannot be treated as false because in case of a person holding senior position such like mistake oftenly crept in as invariably person holding high position use to delegate the computation work to file the return of income to a Chartered Accountant

Section 145A not applicable on taxable services

September 5, 2016 8074 Views 0 comment Print

The respondent assessee engaged in the business of real estate consultancy / agency and property management services.  During the course of the assessment proceedings, the Assessing Officer   sought to include the service tax billed by it for rendering services to the service receivers as trading receipts on invocation of Section 145A(ii) of the Act.  Besides, […]

Scope of judicial review in contractual matter by Court under Article 226 of Constitution of India restated

September 5, 2016 5841 Views 0 comment Print

It is held that the petitioner has miserably failed to make out a case for interference in exercise of extra-ordinary jurisdiction under Article 226 of the Constitution of India within the four corners of law and yardsticks set out by Their Lordships of the Supreme Court in the above-quoted judgements (supra) qua interference in contractual matter.

Surplus/Savings arising on prepayment of deferred sales tax not taxable u/s (iv)

September 4, 2016 1216 Views 0 comment Print

The ITAT Mumbai in the above cited case held that the surplus/savings arising on prepayment of deferred cannot be taxed u/s 28(iv) as by making prepayment of a future liabity at present value no monetary benefit arises to assessee as the savings it made by prepayment would get set off against the interest it loses by making prepayment.

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