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Judiciary

Teacher of fully aided school eligible for Gratuity

December 11, 2015 5997 Views 1 comment Print

Chhattisgarh High Court held that Teacher of fully aided school is an employee within the meaning of Section 2(e) of Payment of Gratuity Act, 1972 and entitled for gratuity.

Entitlement for selection on the post of District Judge (Entry Level)

December 10, 2015 2580 Views 0 comment Print

Accordingly, it is held that respondent No. 1 High Court of Chhattisgarh is absolutely justified in holding respondent No. 2 to be eligible for the purpose of recruitment to the post of District Judge (Entry Level) and rightly selected / appointed him on the said post {District Judge (Entry Level)} as a member of Higher Judicial Service.

Writ of quo warranto lies only when appointment is contrary to statutory provisions

December 10, 2015 2655 Views 0 comment Print

Seeking issuance of a writ of quo warranto directing 5th respondent Sanjay Kumar Patil to show cause under what authority he continues to hold the Office of Vice Chancellor, Indira Gandhi Krishi Vishwa Vidyalaya, Raipur, Ashish Kumar Sharma – the petitioner herein, has filed this writ petition.

Expression allowed to be sold cannot be interpreted as the compulsory condition that goods must be actually sold

December 10, 2015 754 Views 0 comment Print

The Hon’ble Supreme Court in the case of Nestle India Ltd. held that partial exemption available under exemption notifications does not require assessee to clear the goods by way of sale only because in the notification expression “allowed to be sold”

Levy of Interest on late payment of duty by providing it in subordinate regulations would be deemed as ultra vires if the same not provided by provisions of Act

December 10, 2015 2344 Views 0 comment Print

The Hon’ble Supreme Court in the case of Shree Bhagwati Steel Rolling Mills held that if the charging section of the Act do not provide for levy of interest on late payment of duty then the rules though made thereunder could not be enforced to levy and demand interest as such

Labour Officer under Chhattisgarh Industrial Relations Act, 1960 has no jurisdiction to adjudicate rights of employee U/s. 30 (6) (b) of Act

December 9, 2015 1464 Views 0 comment Print

A conjoint reading of Sections 13, 15 and 17 of the Chhattisgarh Industrial Employment (Standing Orders) Act, 1961 makes it amply clear that the powers of Inspectors under the said Act are not adjudicatory and the Inspectors are not authorized to undertake the exercise of adjudication of the disputes, particularly the disputes regarding application and interpretation of the Standing Orders

Penalty U/s. 271(1) (c) not attracted on addition U/s. 14A on debatable issue

December 9, 2015 8550 Views 0 comment Print

ITAT Delhi held In the case of M/s. Mohair Investment and Trading Company (P) Ltd. vs. DCIT that it is clear that the present issue, related to application of section 14A, especially in relation to shares held as trading assets

MAT provision applicable on banking companies only prospectively w.e.f. AY 2013-14 onwards

December 9, 2015 5447 Views 0 comment Print

ITAT Kolkata held In the case of UCO Bank vs. DCIT that Sec.115JB will be applicable only where the assessee is required to show profit & loss account in accordance with schedule VI of Companies Act. As the banks are required to prepare Balance Sheet and Profit & Loss Account in accordance

No addition u/s 69 where investment along with its source recorded in seized documents

December 9, 2015 1054 Views 0 comment Print

ITAT Kolkata held In case of ACIT vs. M/s Prem Lal Jain that no addition could be made u/s 69 as the entire investments in shares made by the assessee have been duly recorded in the books of accounts of the assessee which are part of the seized documents

Disallowance of expenses where liability crystallized in the year but payment due later is not maintainable

December 9, 2015 6115 Views 0 comment Print

ITAT Kolkata held In the case of ICI India Ltd. vs. DCIT that it is clear that liability towards leave encashment is a definite liability which has accrued and arisen during the year. However, payment of the same does not fall during the relevant previous year but under the mercantile system

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