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Judiciary

Deduction u/s 80P(2)(d) available to co-operative society towards interest earned from co-operative banks

June 10, 2023 2238 Views 0 comment Print

ITAT Bangalore held that assessee, being a employees housing co-operative society, is eligible for deduction u/s 80P(2)(d) in respect of interest earned from co-operative banks.

Interest on money borrowed for business is allowable as business expenditure

June 10, 2023 1278 Views 0 comment Print

ITAT Ahmedabad held that interest paid on money borrowed for the purpose of business is allowable as business expenditure.

Section 50C provision not applicable to section 54F exemption calculations

June 10, 2023 5055 Views 0 comment Print

ITAT Jaipur reinforces section 54F’s applicability, highlighting the distinction between actual sale consideration and stamp duty value for capital gains exemption, affirming the principle of real consideration over deemed value for investment in new assets.

Section 69C cannot be invoked if expenditure is duly accounted in books & Source is shown

June 10, 2023 3156 Views 0 comment Print

ITAT Jodhpur upholds CIT(A)’s decision, negating the AO’s addition of Rs. 1.62 crore under Section 69C for Shri Prahalad Rai Rathi. The judgment clarifies all transactions were through banking, dismissing the alleged unexplained expenditure and unsecured loans as baseless.

Income tax law never contemplates to apply Section 14A to a taxable income

June 10, 2023 390 Views 0 comment Print

Precondition of applicability of S. 14Ahas not been fulfilled in the present case in as much the law never contemplates to apply S. 14A in relation to a taxable income as in the present case

Vote via other modes in meeting of secured and unsecured creditors of Transferee company is allowable

June 10, 2023 459 Views 0 comment Print

NCLAT held that NCLT erred in not allowing to vote in other modes other than in person in meeting of secured and unsecured creditors of Transferee company as permitted as per Companies Act, 2013 and rules made thereunder.

Rejection of bid for not meeting qualification criteria doesn’t warrant interference of court under Article 226

June 10, 2023 393 Views 0 comment Print

Delhi High Court held that rejection of bid of the petitioner by SAIL for not meeting the qualification criteria is not arbitrary and hence interference by this Court under Article 226 of the Constitution of India unwarranted.

CCI has no jurisdiction to compel ICAI to outsource organization of CPE seminars

June 10, 2023 450 Views 0 comment Print

Delhi High Court held that it is outside the jurisdiction of the Competition Commission of India (CCI) to compel a statutory body (ICAI) to outsource organization of CPE seminars, workshop or conferences.

Initial burden to show that seized betel nuts are of foreign origin lies upon revenue

June 10, 2023 1365 Views 0 comment Print

Gauhati High Court held that betel nuts not being a notified item under section 123(2) of the Customs Act, 1962, the initial burden to show that the material seized is of foreign origin lies upon the revenue authority. Confiscation unsustained as revenue failed to discharge its initial burden.

Deciding validity or otherwise of Gift Deed is outside the jurisdiction of NCLT

June 10, 2023 894 Views 0 comment Print

NCLAT Delhi held that the NCLT has no jurisdiction to decide the validity or otherwise of the `Gift Deed’ more so when `fraud’ and `coercion’ is alleged.

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