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Taxation Judgments and Orders

The Court Must Be Circumspect In An Appeal Under Section 37(2)(B) Of The 1996 Act

 01 December 2023

In this appeal, the Hon’ble High Court of Calcutta (hereinafter referred to as the ‘High Court’ or ‘the Court’) dealt with an appeal filed under section 37 of The Arbitration and Conciliation Act, 1996, concerning an interim order issued by a sole ar..

Posted in Taxation |   567 hits

N Vijayakumar Vs State Of Tamil Nadu: Mere Possession Or Recovery Of Currency Notes Is Not Sufficient To Constitute The Offence Of Bribery

 13 April 2021

In the judgment of the case – N. Vijayakumar v. State of Tamil Nadu, delivered on February 3, 2021, a three-judge bench of the Supreme Court, consisting of Justices Ashok Bhushan, R. Subhash Reddy and M.R.Shah, has in its ruling very unambiguously st..

Posted in Taxation |   2065 hits

Patel Engineering Ltd. v. North Eastern Electric Power Corporation (2020) - Setting aside of Arbitral Award for Patent Illegality

 30 December 2020

The petition was dismissed on the grounds that under Section 37 of the Act, the High Court considered the matter at length, and held that while interpreting the terms of the contract, no reasonable person could have arrived at a different conclusion ..

Posted in Taxation |   1806 hits

The respondents were neither necessary or proper party in the suit for specific performance

 27 August 2020

The court held that there are two tests to be satisfied for determining the question of who is a necessary party..

Posted in Taxation |   896 hits

Case Analysis: Union of India & Ors Vs. M/s. Indo-Afghan Agencies Ltd

 07 August 2020

Under the constitutional set-up, no person may be deprived of his right or liberty except in due course of and by authority of law: if a member of the executive seeks to deprive a citizen of his right or liberty otherwise than in exercise of power de..

Posted in Taxation |   8174 hits

Application of equality in places of worship

 08 July 2020

Upon hearing the parties to the case the Court affirmed the view of the HC and held that, a complete exclusion of general public will amount to violation of Article 25 therefore the temple authorities may be permitted to exclude general public only i..

Posted in Taxation |   954 hits

Deed declared invalid on based on the question of authenticity

 02 July 2020

The Supreme Court set aside the order of the High Court which was passed in favour of the Respondents and upheld the decision of the trial court. It was held that the current facts and circumstances raised grave concern over the genuineness over the ..

Posted in Taxation |   4173 hits

Treatment of Performance Bonus under Section 10(13A) of the Income Tax Act 1961

 10 February 2020

In this order the ITAT has discussed and decided that performance bonus cannot be treated as salary for the purpose of calculation of exemption of HRA under section 10(13A);..

Posted in Taxation |   2445 hits

No Service tax on sharing of resources and cost/ expenses with the Group Companies

 04 May 2016

The Hon’ble CESTAT, Mumbai held that reimbursement of the cost of obtaining and employing resources/certain expenses incurred by the Appellant on the behalf of the Group Companies cannot be regarded as consideration flowing to the Appellant towards t..

Posted in Taxation 4 comments |   5585 hits

No Service tax could be levied if there was a transfer of right to use goods irrespective of the fact that the transfer was non-exclusive

 30 March 2016

The Hon’ble AAR, after detailed discussion, held that: The phrase 'grant of license to use the system on a non-exclusive basis' is used for the reason that the proprietary/intellectual property used in the system is utilized by the Applicant in othe..

Posted in Taxation 1 comments |   3929 hits

Construction Services provided to IIT exempt even though Government does not hold 90% or more equity/control in it

 30 March 2016

The Hon’ble High Court of Patna held as under: The ‘Governmental authority’ as defined in the Notification dated January 30, 2014, means an authority or a board or any other body set up by an Act of Parliament or State Legislature;..

Posted in Taxation 1 comments |   3349 hits

Constitutional validity of Sec. 234E of Income Tax Act, 1961

 16 February 2015

Section 234E of the Income Tax Act,1961 is intravires the Constitution of India. The said Section 234E does not violate any provision of the Constitution of India. Delay in furnishing TDS Returns/Statements increases the work burden of the Department..

Posted in Taxation |   11729 hits

Whether benefit of extended period of limitation under explanation 3 of Sec. 153(3) and Sec.267 to pass assessment order pursuant to finding/ direction of appellate authority available if assessee was not given a specific opportunity of being heard?

 14 June 2014

The assessee is a trustee in three different trusts. CIT(A) held that the trusts were not valid trusts since they did not come into existence in accordance with Section 6 of Indian Trusts Act” and its income should be taxed in hands of all the truste..

Posted in Taxation |   2419 hits

SC orders criminal trial of Jayalalitha

 30 January 2014

The bench comprising of Justice K.S. Radhakrishnan and Justice A.K. Sikri dismissed the discharge plea of Tamil Nadu Chief Minister J. Jayalalitha and her associate S. Sasikalaa and ordered a trial against them for not filing income tax returns for..

Posted in Taxation 1 comments |   2866 hits

Penalty proceedings and assessment proceedings are two distinct and independent proceedings

 14 December 2013

In brief the facts are that in this case return of income was filed by the assessee declaring a loss of Rs. 19,906/-. The assessment was completed by the A.O. u/s 143(3) of the I.T.Act at an income of Rs. 12,42,412/- by making following disallowance..

Posted in Taxation 1 comments |   5029 hits

Allowability of sponsorship expenses in the absence of comment of AO in the original order

 30 September 2013

On the facts and in the circumstances of the case, the ld.CIT(A) has erred in annulling the re-assessment proceedings u/s 147 on the basis of change of opinion by the AO on the issue of ‘allowability of Sponsorship Expenses’ even when the AO did not ..

Posted in Taxation |   3376 hits

Order passed on non submission of document for reason beyond of control can be restored on submission

 28 September 2013

We have heard both the parties and carefully gone through the orders of the authorities below. On perusal of assessment order, we find that the assessment has been completed under sec. 143(3) of the Act. Notices under sec. 143(2) and/or under sec. 14..

Posted in Taxation |   3860 hits

In the absence of necessary and relevant fact some questions are unanswered

 27 September 2013

Whether on the facts and in the circumstances of the case, the assessee company is a financial company under the Interest Tax Act, 1974, liable to tax there under and if yes, then which portion of the income/receipts of the assessee company can be co..

Posted in Taxation |   2893 hits

Computation of deduction u/s 80HHC on profit available after reducing deduction allowed u/s 80IB

 23 August 2013

It was fairly conceded by the Ld.AR of the assessee that the issue involved is covered against the assessee by the decision of the special bench of the Tribunal rendered in the case of ACIT vs. Hindustan Mint & Agro Products Pvt. Ltd., as reported in..

Posted in Taxation |   3489 hits

Chargeability of Fringe Benefit Tax on channel placement charges

 22 August 2013

In all these three appeals by the assessee, the only ground raised is about the chargeability of Fringe Benefit Tax (FBT) on channel placement charges. The amount of channel placement charges paid by the assessee in the years under appeal is as under..

Posted in Taxation |   2949 hits