NCLAT: IRP Has Authority to Take Possession of Assets Owned by Corporate Debtor  ||  NCLAT: NCLT Can Direct Forwarding a Copy of its Order to Relevant Statutory Authorities  ||  Delhi HC: Centre to Expedite Process of Accessibility Features in OTT platforms for PwDs  ||  Delhi HC: Once Worker Provides Testimony Under Oath ‘Burden of Proof’ Shifts on Employer  ||  SC: There Cannot be Discrimination in Matter of Payment of Pension to Retired Judges  ||  SC: India is Not a Dharamshala that Can Entertain Foreign Nationals from All Over  ||  SC: Can Quash Domestic Violence Act Complaints Under Section 482 of CrPC  ||  Supreme Court: Can’t Use Statement of One Accused against Another  ||  SC: Inclusion of Name in Draft NRC Cannot Annul Foreigners Tribunal’s Declaration as Non-Citizen  ||  Supreme Court: Minimum Practice of 3 Years Mandatory to Enter Judicial Service    

Search Results for Tag : ITAT

Judgments

Article 134 of Limitation Act, 1963 applicable “when sale becomes absolute” and not when sale was confirmed(11.01.2017)

Instant appeal arises out of order passed by High Court of Kerala allowing revision and thereby dismissing application filed by Appellant under Order .....

Tags : Sale, Possession, Delivery, Limitation



Bank is Liable to Pay Compensation, if the Original Title Deed had been Lost(20.02.2017)

Instant first appeal has been filed against the impugned order passed by Kerala State Consumer Disputes Redressal Commission vide which, Consumer Comp.....

Tags : Compensation, Entitlement, Limitation



Notifications & Circulars

Ministry of Skill Development invites comments/ suggestions of the public on the Sharada Prasad Committee constituted to Review, Rationalize and Optimize the Functioning of Sector Skill Councils(02.05.2017)

The Ministry of Skill Development has invited comments/ suggestions of the public on the Sharada Prasad Committee constituted to Review, Rationalize a.....

Tags : Sector Skill Councils, Functioning, Comments, Invitation



Central Board of Direct Taxes (CBDT) invites comments from stakeholders on Draft Income Computation and Disclosure Standards on Real Estate Transactions by 26th May, 2017(11.05.2017)

The Committee constituted by the Finance Minister to suggest the areas in respect of which further Income Computation and Disclosure Standards (ICDS) .....

Tags : Comments, Invitation, Income Computation



Top Story

Government likely to release a new industrial policy aiming to promote 'Make in India'(30.08.2017)

The process to formulate new Industrial Policy began in May 2017 by The Department of Industrial Policy and Promotion. The new Industrial Policy will .....

Tags : Industrial policy, Release, Comments, Invitation



Ranking and Accreditation System for Higher Educational Institutions(02.04.2018)

The Ministry of Human Resource Development has launched the National Institutional Ranking Framework (NIRF) on 29th September, 2015 to rank institutio.....

Tags : Ranking, Accreditation System, Higher Educational Institutions



Invitation for Counter Proposals/Revised Proposals in Furtherance of the Revised Proposal Submitted by PACL Ltd. Dated July 03, 2018(10.07.2018)

The Hon'ble Supreme Court vide its order dated February 23, 2018 in Civil Appeal No. (s) 13301/2015 inter alia decided that the sale of the properties.....

Tags : Invitation, Counter Proposals, PACL Ltd., Submission



Rehabilitation of Bonded Labour(10.07.2019)

The Government of India has implemented a Central Sector Scheme for Rehabilitation of Bonded Labourer, 2016 for providing rehabilitation assistance to.....

Tags : Rehabilitation, Bonded Labour, Scheme



Limitation period will not be extended in SARFAESI & DRT Proceedings on part payment under IBC(05.03.2020)

The Appeal preferred by a Shareholder and Director of the Corporate Debtor challenging the order passed by the Adjudicating Authority (National Compan.....

Tags : Limitation period, Extension, Validity



Right to form association or union is subject to reasonable restriction in the interest of sovereignty or integrity of India, public order and morality(14.09.2020)

The Plaintiff is the Nuclear Power Corporation of India Limited located within the campus of Madras Atomic Power Station at Kalpakkam. It is a Governm.....

Tags : Agitation, Injunction, Legality



Period of limitation for filing objections has to be reckoned from date on which signed copy of award was made available to parties(02.03.2021)

The present Civil Appeal arises from a Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 by the Appellant to challenge the.....

Tags : Objections, Filing of, Limitation period



Provisions of Limitation Act would apply mutatis mutandis to proceedings under IBC in NCLT/NCLAT(05.04.2021)

Present Appeal has been filed by the Appellant-Mr. Thomas George who is director of the suspended Board of the Corporate Debtor Mathstraman Manufactur.....

Tags : Limitation Act, Provisions, Applicability



Limitation Act is applicable to arbitration proceedings initiated under Section 18(3) MSMED Act(29.06.2021)

Appeals are against impugned judgment by which the High Court, while referring to various provisions of the Arbitration and Conciliation Act, 1996 (19.....

Tags : Limitation Act, Provisions, Applicability



Statute of limitation extinguishes recourse to the remedy and not the debt(16.11.2021)

The Petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 ('A&C Act') challenging the Arbitral Awar.....

Tags : Debt, Limitation, Extension



High Court within whose jurisdiction the Assessing Officer has passed the order, shall continue to exercise the jurisdiction of appeal(18.08.2022)

Present appeals give rise to an important question concerning appellate jurisdiction of High Courts under Section 260A of the Income Tax Act, 1961 aga.....

Tags : ITAT order, High Court, Jurisdiction



Ministry of Food Processing Industry establishes GST facilitation cell to guide industry about GST regime(06.07.2017)

The Ministry of Food Processing Industries has established a four member GST Facilitation Cell at its office to guide the industry about the new tax r.....

Tags : GST facilitation, cell, Establishment



News

ITAT: Provision Mandating Furnishing of PAN With E-TDS has Overriding Effect(10.06.2022)

Income Tax Appellate Tribunal (ITAT), Visakhapatnam bench has held that the provision mandating furnishing of PAN with E-TDS has an overriding effect .....

Tags : ITAT, Income-Tax Act, PAN



For claiming rebate of duty under Rule 18 of the Central Excise Rules, the period of limitation prescribed under Section 11B of the Central Excise Act, shall have to be applied(29.11.2022)

The original writ Petitioner/Appellant has preferred the present appeal feeling aggrieved with the impugned judgment passed by the High Court, whereby.....

Tags : Rebate claim, Limitation period, Applicability



It is impermissible for a court to re-evaluate the material on record and supplant its view over that of the arbitral tribunal(05.12.2022)

The Appellant has filed the present appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 impugning a judgment passed by the lea.....

Tags : Claim, Limitation, Arbitral award



Application under Section 7 of the IBC is filed only when the right to apply against default accrues and for every default, there is a fresh period of limitation(24.05.2023)

The present appeal has been filed under Section 61 of the Insolvency & Bankruptcy Code, 2016 (IBC) against the 'impugned order' passed by the 'Adjudic.....

Tags : Period of Limitation, Insolvency and Bankruptcy Code



Limitation period for execution of decree commences only when the decree becomes enforceable(24.04.2023)

By way of present appeal, the judgment passed by the High Court is assailed on the ground that the execution application was filed after 12 years from.....

Tags : Limitation period, Commencement, Decree



Limitation for extended period invokable, only if, suppression, fraud, collusion etc and intent to evade payment of duty is proved(06.05.2024)

The Appellant filed bill of entry for import of 120 KN Composite Long Rod Insulators for 765 KV Transmission lines and 160 KV Composite Long Rod Insul.....

Tags : Limitation period, SCN, Legality



Invitation of applications for recognition of Self-Regulatory Organisations (SROs) for NBFCs(19.06.2024)

1. The Reserve Bank had issued 'Omnibus Framework for recognition of Self-Regulatory Organisations for Regulated Entities of the Reserve Bank' dated M.....

Tags : Invitation, Applications, SROs



FM holds Pre-Budget Consultation with representatives from Water and Sanitation sectors(23.12.2019)

Union Minister of Finance & Corporate Affairs Smt. Nirmala Sitharaman held her 9th Pre-Budget Consultation meeting with the leading representatives fr.....

Tags : Pre-Budget, Consultation, Water, Sanitation sectors



ITAT Kolkata Allows Exemption: ‘Performance Bonus’ Cannot be Treated as Salary(06.02.2020)

Income Tax Appellate Tribunal (ITAT), Kolkata while relying upon the precedent held that ‘performance bonus’ does not constitute a part of ‘salary’ an.....

Tags : ITAT Kolkata, Exemption



Enhancing facilitation of National Electronic Toll Collection system(30.12.2019)

1. India is progressing ahead with NETC gaining large scale acceptance. Currently, the NETC system allows linking of FASTags with bank accounts - savi.....

Tags : Facilitation, Electronic Toll, Enhancement



SC: Terms of Invitation to Tender Not Open to Judicial Scrutiny Unless They Are Arbitrary(03.10.2022)

Supreme Court while setting aside Delhi High Court's order which had quashed Airport Authority of India's tender conditions for selecting Ground Handl.....

Tags : Supreme Court, Invitation to Tender, Judicial Scrutiny



SC Sets Aside Court Martial Proceedings Against Army Officer(09.11.2022)

Supreme Court has set aside court martial proceedings against an army officer on the ground that it was barred under limitation prescribed under Secti.....

Tags : Supreme Court, Court, Martial, Limitation



SC: Order Extending Limitation Period During Covid Apply to Period up to Which Delay Can be Condoned(05.10.2023)

Supreme Court has held that orders passed by the Supreme Court in 'In Re: Cognizance for Extension of Limitation', extending the period of limitation .....

Tags : Supreme Court, Limitation Period, Delay, Condone



Delhi High Court Refuses Mahout’s Plea Seeking Release of Elephant from Alleged Illegal Detention(22.01.2020)

Delhi High Court has refused to entertain the mahout’s Plea seeking the release of an elephant from alleged illegal detention. The Court stated that k.....

Tags : Delhi High Court, Elephant Rehabilitation Centre



DIRECT TAXATION - In Domestic Company's Global Deal, Commissions and Not Entire Income is Taxable Domestically: ITAT(01.03.2019)

Income Tax Appellate Tribunal, in a case of Fox International, has held that when a company based in India collects commission on a global deal what i.....

Tags : ITAT, Global Deal Commissions



Kerala HC: IT Act Doesn’t Impose Any Limitation for Filing Application for Condonation of Delay(21.11.2022)

Kerala High Court has held that Section 119(2)(b) of the Income Tax (IT) Act does not impose any limitation for the purposes of filing an application .....

Tags : Kerala High Court, Income-Tax, Limitation



ITAT Delhi Deletes Addition Made on Account of Unexplained Cash Credits to Tune of Rs.5.76 Cr(01.04.2021)

Income Tax Appellate Tribunal (ITAT), New Delhi Bench deletes additions made on account of unexplained cash credits to the tune of Rs.5.76 crores.

Tags : ITAT Delhi, Addition



SC: Amend Arbitration Act For Prescribing Limitation Period For Applications u/s 11 of the Act(04.03.2024)

Supreme Court has held that Parliament should take into consideration the amendment of the Arbitration and Conciliation Act, 1996 as there is no statu.....

Tags : Supreme Court, Section 11 of A&C Act, Limitation Period



ITAT Pune: TDS Benefit To Be Given for Assessment Year for Which Corresponding Income is Assessable(10.01.2020)

Income Tax Appellate Tribunal, Pune has ruled that the benefit of the tax deducted at source should be given for assessment year for which correspondi.....

Tags : ITAT Pune, TDS



FAMILY - There is No Limitation Period to Seek Declaration of Marriage as 'Null And Void': SC(07.03.2019)

Supreme Court has observed that no period of limitation is prescribed so far as presentation of petition for declaration to declare a marriage being n.....

Tags : Supreme Court, Declaration of Marriage as 'Null And Void', Limitation Period



Supreme Court Slams Centre for Delay in Tax Tribunal Appointments(07.03.2017)

Supreme Court has said that Governments inaction with regard to appointment of President and Vice-Presidents of ITAT is causing enormous hardship to l.....

Tags : Supreme Court, ITAT, Appointment



SC: Additional Accused Can’t be Impleaded After Expiry of Limitation Period U/S 142 of NI Act(18.11.2022)

Supreme Court has held that impleadment of additional accused subsequent to the filing of a cheque bounce complaint is not permissible once limitation.....

Tags : Supreme Court, Cheque Bounce, Limitation, Impleadment



SC: Application Under Section 7 IBC Can Claim Benefit of Section 14 Limitation Act(24.03.2021)

Supreme Court has held that in an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 the applicant can claim the benefit of Secti.....

Tags : Supreme Court, Benefit of Section 14 Limitation Act



SC: Limitation U/S 34 A&C Act in Case of Suo Moto Correction of Award is Date of Correction(11.01.2023)

Supreme Court has held that starting point for limitation under Section 34(3) Arbitration and Conciliation Act, in case of suo moto correction of awar.....

Tags : Supreme Court, Correction of Award, Arbitration, Limitation



Mad. HC: Order of Facilitation Council without Following Due Process Can’t be Considered an Award(05.10.2023)

Madras High Court has held that order passed by the MSEF Council without issuing notice of arbitration, opportunity to parties file their pleadings an.....

Tags : Madras High Court, Facilitation Council, Award



Madras HC Directs to Submit Report on Compensation Paid And Rehabilitation Measures Taken(09.12.2021)

Madras High Court has directed the state to submit a report detailing the quantum of compensation paid to the families of deceased manual scavengers s.....

Tags : Madras High Court, Report on Compensation Paid And Rehabilitation



CIVIL - SC Issues Directions Regarding Rehabilitation of Cured Mental Patients(05.03.2019)

Supreme Court has issued some directives for rehabilitation of those who are cured of mental illness but still languishing in asylums due to unwilling.....

Tags : Supreme Court, Rehabilitation of Cured Mental Patients



Del HC: Can’t Disqualify Jhuggi Dwellers from Rehabilitation Only for Lack of Name in Electoral Roll(01.02.2023)

Delhi High Court while observing jhuggi jhopri dwellers can’t be disqualified from rehabilitation under State’s policy merely because their name doesn.....

Tags : Delhi High Court, Jhuggi Dwellers, Rehabilitation, Electoral Roll



ITAT Cochin: ‘Secret Commission’ to Doctors for Scanning & Medical Examinations Are Subject to TDS(20.06.2017)

ITAT, Cochin has held that assessee-company is liable to pay TDS under section 194H of Income Tax Act in respect of payment of secret commission to do.....

Tags : ITAT, Cochin, Secret Commission



Failure of suit to comply with CPC at time of commencement does not lead to an automatic rejection of the plaint(24.08.2015)

The court cannot dismiss a suit or reject a plaint for the Plaintiff's failure to provide an affidavit in support of the pleadings at the time of comm.....

Tags : Commence, plaint, affidavit, limitation



Profit Earned by Housewife from Share Transaction is Business Income, Not Capital Gain: ITAT(27.03.2018)

Delhi Bench of ITAT,has ruled that the profit earned by a Housewife on the purchase and sale of shares would amount to business income and net short-t.....

Tags : ITAT, Capital Gain



Tripura HC: Visitation Rights Shouldn't be Limited to Few Hours(23.10.2023)

Tripura High Court while observing that a parent cannot be a guest in their child's life, has held that if visitation rights are granted only for limi.....

Tags : Tripura High Court, Visitation Rights, Parent



ITAT: Capital Gains Arising On Sale Of Rural Agricultural Land Outside The Ambit Of Income Tax(11.01.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench has observed that the capital gains arising on sale of rural agricultural land outside the purvi.....

Tags : ITAT, Capital Gain, Income Tax



Tax Benefit can be Availed on Multiple Flats' Sale, Says ITAT(12.02.2019)

Income Tax Appellate Tribunal (ITAT) has held that a taxpayer can avail of the tax benefits where long-term capital gains arising on sale of more than.....

Tags : ITAT, Tax Benefit can be Availed on Multiple Flats' Sale



Holding Period of House Starts from Date of Allotment, Not Registration: ITAT(08.04.2019)

Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that date of allotment of a house shall be treated as the date of acquisition and holding .....

Tags : ITAT, Date of Allotment, Holding Period



DIRECT TAXATION - Addition for Unexplained Share Capital and Share Premium Can’t be Made Prior to 2013 Amendment: ITAT(27.03.2019)

Income Tax Appellate Tribunal (ITAT) has held that addition in respect of share capital and premium by treating the same as unexplained cannot be made.....

Tags : Income Tax Appellate Tribunal, ITAT, Income Tax Act, 1961



ITAT: Delay Due to Daughter’s Serious Medical Condition is Reasonable Cause(02.08.2022)

Income Tax Appellate Tribunal (ITAT), Delhi Bench while condoning delay in filing appeal, has held that delay in filing the appeal due to his daughter.....

Tags : ITAT, Medical Condition, Condoning Delay



Punjab and Haryana High Court: Stop Pressuring Trial Judge in Jat Agitation Case(01.03.2017)

Punjab and Haryana High Court has observed that a judge hearing violence cases registered during February 2016 Jat agitation was "under pressure".

Tags : Punjab and Haryana High Court, Jat Agitation



ITAT Delhi Orders Withdrawal of Tax Exemption to Congress-Controlled Young Indian(18.11.2019)

Income Tax Appellate Tribunal, Delhi has ruled that the withdrawal of income tax exemption to Young Indian, an entity controlled by Congress president.....

Tags : ITAT Delhi, Young India



NCLAT: Limitation Period Applicable to Application Filed by Financial Creditor(16.03.2020)

National Company Law Appellate Tribunal has reversed the order of the National Company Law Tribunal, Ahemdabad holding that the order of admission of .....

Tags : National Company Law Appellate Tribunal, Limitation on Application by Financial Creditor



Bom. HC Allows Refund of Stamp Duty Beyond Limitation Period(15.01.2024)

Bombay HC has allowed stamp duty refund to a flat purchaser on cancellation of flat purchase agreement after the expiry of limitation period of 5 year.....

Tags : Bombay High Court, Refund, Limitation, Stamp Duty



ITAT Pune: Deities Are Assessable According to Tax Rates Applicable to Individuals(20.06.2019)

Income Tax Appellate Tribunal (ITAT Pune) has held that the tax rates applicable to individuals are also applicable to deities under the Income Tax Ac.....

Tags : ITAT Pune, Deities



Madras HC Issues Directions to State for Rehabilitation of Victims and Families(14.09.2021)

Madras High Court has issued a host of directions to the State government for the rehabilitation of the victims and their families of the 2018 inciden.....

Tags : Madras High Court, Rehabilitation of Victims and Families



SC: Bar of limitation Can’t be Eluded by Taking Recourse of Art. 136 When Statutory Appeal Available(04.01.2024)

Supreme Court while observing that bar of limitation cannot be avoided by taking recourse of proceedings under Article 136 of the Constitution when a .....

Tags : Supreme Court, Limitation, Constitution, Statutory Appeal



Supreme Court: Issue of Limitation not to be Examined while Considering Application under Section 11(28.11.2019)

Supreme Court has noted that while considering an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an.....

Tags : Supreme Court, Limitation



ITAT Delhi: Rent from Fit-Out Hire Charges Will Fall Under Business Income(13.06.2019)

Income Tax Appellate Tribunal (ITAT), Delhi has noted that the income received from Fit-out Hire Charges would constitute “business income” under the .....

Tags : ITAT Delhi, Business Income



Chhattisgarh HC: Can’t Assume Accused Sexually Exploited Victim Because She Belongs to ST Community(02.03.2023)

Chhattisgarh High Court has held that merely because victim belongs to Scheduled Tribe (ST) community, it cannot be assumed that accused was able to d.....

Tags : Chhattisgarh High Court, Sexual Exploitation, Scheduled Tribe



Delhi HC Allows Visitation Rights to Father Despite Contrary Settlement Agreement(04.12.2018)

Delhi High Court has granted visitation rights to the father of a four-year-old girl, despite the fact that the settlement agreement between the girl’.....

Tags : Delhi High Court, Visitation Rights to Father



All HC: AO Must Consider Form 10 u/s 17 Supplied After Limitation But Before Assessment is Completed(08.12.2023)

Allahabad High Court has held that in a case, where Form-10 under Rule 7 of Income-Tax Rules is filed late but is filed before the Assessing Officer (.....

Tags : Allahabad High Court, Assessing Officer, Form-10, Limitation



SC: Limitation Period U/S 11B Central Excise Act Applicable to Claims for Rebate of Duty(30.11.2022)

Supreme Court held that while making claim for rebate of duty under Rule 18 of Central Excise Rules, 2002, period of limitation prescribed under Secti.....

Tags : Supreme Court, Excise Rule, Limitation



NGT Directs AAP Govt to Pay Salaries to Sanitation Workers(13.01.2017)

National Green Tribunal (NGT) has directed Delhi Government to pay salaries to sanitation workers of East Delhi Municipal Corporation(EDMC) without "d.....

Tags : National Green Tribunal , sanitation workers, East Delhi Municipal Corporation



ITAT Chennai: Entries in Books of Accounts Does Not Prove Genuineness of Expenditure(12.06.2019)

Income Tax Appellate Tribunal (ITAT), Chennai has held that mere entries in the books of accounts do not prove genuineness of the expenditure. The Tri.....

Tags : ITAT Chennai, Expenditure



Supreme Court Extends Limitation Period to File Cases Under All Laws Across Country(27.04.2021)

Supreme Court has relaxed the limitation period to file cases under all general and special laws across the country from 14th March, 2021 until furthe.....

Tags : Supreme Court, Extension of Limitation Period



Allahabad HC Closes Suo Moto PIL for Extension of Limitation & Interim Orders During Lockdown(07.01.2021)

Allahabad High Court has closed the suo moto Public Interest Litigation registered by it for extension of limitation and interim orders expiring durin.....

Tags : Allahabad High Court, Extension of Limitation and Interim Orders



Delhi High Court: Limitation Period Applies to Application Filed Under Section 8 A&C Act(25.02.2020)

Delhi High Court has held that the provision for filing written statements under Section 8 of the Arbitration and Conciliation Act, 1996 (A&C Act) is .....

Tags : Delhi High Court, Limitation Period



CBIC provides facilitation for exporters having IGST refund issues(22.02.2021)

The Central Board of Indirect Taxes and Customs (CBIC) has extended the time limit for sanction of pending IGST refunds in such cases where records ha.....

Tags : Facilitation, Exporters, IGST refund



ITAT: Cost of New Residential House includes Cost of Land Purchased(03.08.2022)

Income Tax Appellate Tribunal (ITAT), Visakhapatnam Bench held that the cost of new residential house includes cost of land purchased under Section 54.....

Tags : ITAT, Residential House, Land



Consider Allotting Two Plots to House Displaced People: Bombay High Court(27.03.2018)

Bombay High Court has asked the Maharashtra government to consider allotting two plots in suburbs, originally reserved for a cancer hospital and a pub.....

Tags : Bombay High Court, Rehabilitation



ITAT Mumbai : Period of Holding Calculated from Original Date of Acquisition of Property(20.11.2019)

Income Tax Appellate Tribunal, Mumbai has ruled that period of holding the asset has to be computed not from the date when Memorandum of Understanding.....

Tags : ITAT Mumbai, Property



Supreme Court Refuses to Entertain Plea Seeking Uniform Policy to Resolve Public Agitations(18.03.2021)

Supreme Court has declined to entertain plea by Bharat Bhoomi Bachao Sangharsh Samiti seeking directions for framing of guidelines and a uniform polic.....

Tags : Supreme Court, Uniform Policy to Resolve Public Agitations



Ker. HC: Continuous Cohabitation Doesn’t Acquire Character of Valid Marriage if Another Exists(19.01.2024)

Kerala High Court has held that continuous cohabitation for several years will not acquire the character of a valid marriage during the existence of a.....

Tags : Kerala High Court, Valid Marriage, Continuous Cohabitation



SC: Country Cannot be Held to Ransom by Agitations(24.02.2016)

Supreme Court, while taking a tough stand on the agitations which cause huge problems to the common man, has said that Bharatiya Janata Party (BJP), C.....

Tags : Supreme Court, , Agitations



DIRECT TAXATION - ITAT Shields Tax Relief on New House(15.03.2019)

Income-Tax Appellate Tribunal (ITAT), Mumbai bench has held that investment-linked capital gains tax exemption, available on purchase of a new house, .....

Tags : ITAT, Second House, Capital Gain, Tax Relief



SC: If Statute Prescribes Lesser Time, Section 5 of Limitation Act Can’t be Invoked(25.10.2023)

Supreme Court has held that if there is a lesser time period specified as limitation in a statute, then the provisions of the Limitation Act, 1963 can.....

Tags : Supreme Court, Limitation Act, Statute



ITAT Revisionary Jurisdiction Can Be Invoked In A Very Gross Case Of Inadequacy(11.01.2022)

Income Tax Appellate Tribunal (ITAT), Delhi bench has held that the revisionary jurisdiction under Section 263 of the Income Tax Act, 1961 can be avai.....

Tags : ITAT, Revisionary Jurisdiction



Sale of Client Relationship and Goodwill by CA Firm Constitute Capital Gain: ITAT(10.04.2019)

Income Tax Appellate Tribunal (ITAT), Delhi bench has held that sale of client relationship and goodwill by firm is capital asset under section 2(14),.....

Tags : ITAT, CA Firm, Sale of Client Relationship and Goodwill



ITAT Jaipur: No Penalty Even If Discrepancies Found During Survey(17.12.2019)

Income Tax Appellate Tribunal, Jaipur has ruled that even if some discrepancies were found during the survey resulting in surrender of income by the A.....

Tags : ITAT Jaipur, Penalty



DIRECT TAXATION - ITAT Rejects Fake Claim for Deduction of Rent Paid to Mother as Same Was an Afterthought(27.03.2019)

Income Tax Appellate Tribunal (ITAT) has disallowed a fake claim for deduction because it was established that the rent paid to mother was nothing, bu.....

Tags : Income Tax Appellate Tribunal, ITAT, Rent Deduction, false claim



Delhi HC : SCN Quashed Where it Was Possible for Authority to Adjudicate Within Period of Limitation(10.01.2020)

Delhi High Court has held that the Show Cause Notice (SCN) is to be quashed where it was possible on behalf of the adjudicating authority to adjudicat.....

Tags : Delhi HC, Limitation



CRIMINAL - There is No Limitation Period to Seek Declaration of Marriage As 'Null And Void': SC(07.03.2019)

Supreme Court has observed that no period of limitation is prescribed so far as presentation of petition for declaration to declare a marriage being n.....

Tags : Supreme Court, Declaration of Marriage as 'Null And Void', Limitation Period



Delhi HC to Civic Bodies: Give Sanitation Workers Their Salaries(20.04.2016)

Delhi HC has directed three civic bodies of Delhi to ensure that the March wages be paid to all the sanitation workers "within a week without fail".

Tags : Delhi HC , Sanitation Workers



SC: Computation of Period for Condonation of Delay; Time Period Excluded u/s 14 Cannot Be Counted(16.11.2022)

Supreme Court has held that time period excluded under Section 14 of Limitation Act cannot be counted for the purpose of computing the period for whic.....

Tags : Supreme Court, Limitation, Condoned



SC: Application Under Section 7 IBC Can Claim Benefit of Section 14 Limitation Act(24.03.2021)

Supreme Court has held that in an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 the applicant can claim the benefit of Secti.....

Tags : Supreme Court, Benefit of Section 14 Limitation Act



Madras HC Quashes Criminal Proceedings Against Agitated Law Students(29.12.2021)

Madras High Court has quashed criminal proceedings against certain agitated laws students who had gathered outside their college since they were denie.....

Tags : Madras High Court, Proceedings Against Agitated Law Students



ITAT Delhi: Loss Arising from Forfeiture of Advance Paid on Convertible Warrants is Business Loss(06.01.2020)

Income Tax Appellate Tribunal, Delhi has held the loss arising from forfeiture of the advance paid on convertible warrants is a business loss. The Tri.....

Tags : ITAT Delhi, Loss



ITAT Kolkata: Genuineness Cannot be Doubted Since All Payments were Made Through Banking Channel(11.02.2021)

Income Tax Appellate Tribunal (ITAT) Kolkata in a case deleted the addition confirmed by the lower authorities without pointing any defect in the bank.....

Tags : ITAT, Kolkata, Genuineness



Insolvency and Bankruptcy Board of India invites public comments on Draft Regulations for Voluntary Liquidation by 8th March, 2017(14.02.2017)

The Ministry of Corporate Affairs had set-up four Working Groups to facilitate implementation of the Insolvency and Bankruptcy Code, 2016. The Working.....

Tags : Regulations, Voluntary Liquidation, Comments, Invitation



ITAT: Illness of MD of Company Not Sufficient Cause for Condoning Delay(04.08.2022)

Income Tax Appellate Tribunal (ITAT), Allahabad Bench has held that illness of Managing Director of company not sufficient cause for condoning delay o.....

Tags : ITAT, Condoning Delay, Managing Director



Consider Allotting Two Plots to House Displaced People: Bombay High Court(27.03.2018)

Bombay High Court has asked the Maharashtra government to consider allotting two plots in suburbs, originally reserved for a cancer hospital and a pub.....

Tags : Bombay High Court, Rehabilitation



Orissa HC: Amendment to Cure Inherent Defect in EP After End of Limitation Period Can't be Allowed(05.09.2022)

Orissa High Court has held that an amendment application under Order 6, Rule 17 of the Code of Civil Procedure, 1908 cannot be allowed to cure some in.....

Tags : Orissa High Court, Election Period, Amendment, Limitation



ITAT: Date Of Allotment Is Relevant For Computing Holding Period And Capital Gain(07.01.2022)

Income Tax Appellate Tribunal (ITAT), Delhi bench has held that the date of allotment is relevant and not the date of Registration for the purpose of .....

Tags : ITAT, Date Of Allotment, Date of Registration



Punjab and Haryana HC Takes Cognizance on Allegation of Rapes By Rioters During Jat Stir(25.02.2016)

Punjab and Haryana HC has taken cognizance of media reports that some women, who were commuting on Delhi-Ambala highway (NH-1), had been allegedly str.....

Tags : Punjab and Haryana HC, Jat agitation



Government proposes harder fight against bonded labour(17.05.2016)

The central government announced proposals to make the Rehabilitation of Bonded Labour Scheme more effective. The scheme now envisages an increase in .....

Tags : Bonded labour, rehabilitation, corpus, financial assistance



ITAT: Shipping Income Derived in India from International Traffic is Not Taxable in India(28.07.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that shipping income derived in India from international traffic is not taxable in India a.....

Tags : ITAT, Shipping Income, India-UAE Tax Treaty



Punjab and Haryana HC: Neutral Authority Should Watch Rehab Centres(07.12.2015)

Punjab and Haryana HC has asked Punjab, Haryana and Chandigarh to explore if they were ready to appoint separate authority for independent monitoring .....

Tags : Punjab and Haryana HC, Punjab, Haryana , Chandigarh, rehabilitations centres



Bombay HC Constitutes All-Women Committee to Avoid Sexual Exploitation of Minor Tribal Girls(19.04.2019)

Bombay High Court has issued a series of directions, after taking up a matter on urgent basis in view to protect hundreds of minor tribal girls and ha.....

Tags : Bombay High Court, All-Women Committee to Avoid Sexual Exploitation



Madras HC: Limitation Qua Counter-Claim Stops On Date Of Notice Of Arbitration(17.10.2022)

Madras High Court has ruled that the limitation period qua Counter-Claims would be arrested on the date on which the respondent issues the notice of a.....

Tags : Madras High Court, limitation, Counter-Claims



ITAT Delhi Grants Long-Term Capital Gains Tax on Prannoy and Radhika Roy(20.06.2019)

Income Tax Appellate Tribunal (ITAT) Delhi has upheld addition of Long Term Capital Gains Tax against the Roys for realising share sale consideration .....

Tags : ITAT Delhi, Prannoy



Why No Fixed Working Hours for Cops, Asks Madras High Court(27.03.2018)

Madras High Court has directed the authorities to answer a query as to why not the state government fix definite working hours for the police force.

Tags : Bombay High Court, Rehabilitation



ITAT: Decision Taken by Authorities in Previous Year Would Not Operate as Res Judicata(04.08.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench has held that decision taken by authorities in previous year would not operate as res judicata f.....

Tags : ITAT, Res Judicata, Previous Decision



SC: Facilitation Council Cannot Review Its Own Decisions(19.09.2022)

Supreme Court has held that Micro, Small and Medium Enterprises Development Act does not empower the Facilitation Council to review its own decisions.

Tags : Supreme Court, MSME, Facilitation Council



Supreme Court Agrees To Revive Limitation Extension Orders In View Of Rising COVID Cases(10.01.2022)

Supreme Court has agreed to revive the suo motu orders extending the limitation period for filing cases in Courts and Tribunals in view of the rising .....

Tags : Supreme Court , Limitation Period, COVID



International Cases

Mere fact of pending internal appeal, by itself, not sufficient to justify finding of fact that it was not "reasonably practicable" to present complaint to tribunal(16.11.2016)

In instant case, claims lodged with tribunal were a claim of unfair dismissal, unlawful deduction of wages, breach of contract and sex discrimination......

Tags : Dismissal, Limitation, Jurisdiction



No Straightjacket Formula for Determining Limitation for Filing Administration Suit: Bombay HC(21.05.2018)

Bombay High Court held that there is no straightjacket formula for determining the period of limitation for filing an administration suit.

Tags : Supreme Court, Limitation



SC to Centre: Fill Up ITAT Vacancies In 3 Weeks(04.04.2017)

Supreme Court has given three weeks time to Centre to fill up vacancies of presidents and vice presidents in different benches of the Income Tax Appel.....

Tags : Supreme Court, ITAT



NCLAT, Delhi: Order of Mediation Along with Dishonoured Cheques Not Extension of Limitation(14.02.2022)

National Company Law Appellate Tribunal, Delhi has held that an order of mediation along with dishonoured cheques does not imply an extension of limi.....

Tags : National Company Law Appellate Tribunal, Extension of Limitation



Ker. HC: Limitation Act Doesn’t Stipulate Time for Victim to File Appeal U/S 372 CrPC(13.10.2023)

Kerala High Court while relying on judgment in Sobhanakumari K. vs. Santhosh (MANU/KE/2167/2017), has held that here is no time period stipulated unde.....

Tags : Kerala High Court, Limitation Act, Appeal, Conviction



Orissa HC Directs GSTN to Take Steps to Facilitate Filing of TRAN-1(10.12.2021)

Orissa High Court has directed the Goods and Service Tax Network (GSTN) to either modify the Goods and Service Tax (GST) portal to facilitate filing o.....

Tags : Orissa High Court, Facilitate Filing of TRAN-1



ITAT: Loan On Interest From Sister Concern Does Amount To ‘Deemed Dividend’(17.11.2021)

Income Tax Appellate Tribunal (ITAT), Delhi bench has held that loan on interest received from the sister concern to fulfill the enhanced requirement .....

Tags : ITAT, Loan on Interest, Deemed Dividend



SC: Delay in Filing Appeal Challenging Acquittal u/s 378 CrPC Can Be Condoned u/s 5 Limitation Act(22.02.2024)

Supreme Court has held that the delay occurring in filing an appeal against acquittal of accused under Section 378 of Code of Criminal Procedure, 1973.....

Tags : Supreme Court, Section 378 of CrPC, Section 5 of Limitation Act



ITAT Cochin: ‘Secret Commission’ to Doctors for Scanning & Medical Examinations Are Subject to TDS(20.06.2017)

ITAT, Cochin has held that assessee-company is liable to pay TDS under section 194H of Income Tax Act in respect of payment of secret commission to do.....

Tags : ITAT, Cochin, Secret Commission



No Penalty Since Assessee Surrenders Income During Assessment Proceedings: ITAT(18.09.2018)

Delhi Bench of ITAT has held that penalty under Section 271AAA of Income Tax Act, 1961 cannot be levied if assessee surrendered the income during the .....

Tags : ITAT, Income Tax, Surrender of income



Ker. HC: Legal Advice After Expiry of Limitation Period Not a Ground to Condone Delay(05.10.2023)

Kerala High Court has held that subsequent legal advice cannot be accepted as a cause to condone the delay in instituting proceedings in terms of Sect.....

Tags : Kerala High Court, Limitation Period, Condone Delay



Supreme Court Asks to Chalk Out Plan to Rehabilitate Evicted Slum Dwellers(07.12.2021)

Supreme Court has asked the Ministry of Railways, State Governments and Municipal Corporations to chalk out a plan with regards to rehabilitation of s.....

Tags : Supreme Court, Rehabilitate Evicted Slum Dwellers



DIRECT TAXATION - In Company's Global Deal, Commissions and Not Entire Income is Taxable Domestically: ITAT(01.03.2019)

Income Tax Appellate Tribunal, in a case of Fox International, has held that when a company based in India collects commission on a global deal what i.....

Tags : ITAT, Fox Internation



Chhattisgarh HC: Limitation Act Does Not Apply to Criminal Proceedings Unless Specific Provisions(02.02.2022)

Chhattisgarh High Court has held that the Limitation Act, 1963, does not apply to criminal proceedings unless express and specific provisions to that .....

Tags : Chhattisgarh High Court, Limitation Act



ITAT Chandigarh: Interest from Bank Deposits Prior to Commencement of Business is Capital Receipt(20.06.2017)

ITAT Chandigarh has held that interest from Bank deposits prior to the period of commencement of business is Capital receipt.

Tags : ITAT Chandigarh, Capital Receipt



Court of Appeal (England and Wales) dismisses claim against VISA as time barred(05.08.2015)

In a case involving claims of unlawful restriction of competition, the Court of Appeal dismissed an appeal against summary judgment. It upheld the fin.....

Tags : Competition, limitation, england and wales, visa



Karnataka HC Directs State to Come Out with Rehabilitation Scheme for Illegal Bangladeshi Immigrants(28.02.2020)

Karnataka High Court has granted one week to the State Government to come out with a scheme for rehabilitation and grant of monetary compensation to t.....

Tags : Karnataka High Court, Rehabilitation Scheme for Illegal Bangladeshi Immigrants



Karnataka HC: Child Visitation Rights of Muslim Man Diminishes on Getting Married to Another Woman(23.12.2021)

Karnataka High Court has held that child visitation rights of a Muslim man diminishes to a great extent, on him having married to another woman during.....

Tags : Karnataka High Court, Child Visitation Rights of Muslim Man



ITAT, Mumbai: Receipt from Sale of Shares by a Share Broker is Taxable as ‘Capital Gains’(13.06.2017)

ITAT, Mumbai has held that amount received by a Share Broker is taxable as capital gain under provisions of Income Tax Act.

Tags : ITAT, Mumbai



SC: Limitation Period for Filing 'Section 11' Application Governed by Article 137 Limitation Act(10.03.2021)

Supreme Court has stated that the period of limitation for filing an application under Section 11 of the Arbitration and Conciliation Act, 1996 would .....

Tags : Supreme Court, Limitation Period for Filing 'Section 11' Application



Bombay HC: No Formula to Determine Period of Limitation for Filing Administration Suit(07.05.2018)

Bombay High Court while allowing a man to claim rights as a beneficiary to an estate under a will over three years after a parent's death has held tha.....

Tags : Bombay High Court, administration suit, limitation



ITAT Kolkata: Subsidy Collected Under Technical Upgradation Fund Scheme is Capital Receipt(25.06.2019)

Income Tax Appellate Tribunal (ITAT) Kolkata has noted that the subsidy received under the technical upgradation fund (TUF) scheme is the capital rece.....

Tags : ITAT Kolkata, Capital Receipt



Cal. HC: Facilitation Council Can’t Delegate Decision Making to a Chartered Accountant(16.10.2023)

Calcutta High Court has held that Facilitation Council cannot desert the task of decision-making and leave it to a Chartered Accountant and depend on .....

Tags : Calcutta High Court, Facilitation Council, Chartered Accountant, MSME



Kerala HC Introduces 'Unique Neutral Citation Number' System from November 1(01.11.2022)

Kerala High Court is set to implement Unique Neutral Citation Number for all Judgments and 'CR' marked interim orders issued since 1949, from November.....

Tags : Kerala High Court, Neutral Citation



ITAT: Commission Expenditure Can’t Be Disallowed For Want of Confirmation Letters From Recipients(18.11.2021)

ITAT, Pune Bench has held that the commission expenditure claimed by the assessee cannot be disallowed merely because the assessee could not furnish t.....

Tags : ITAT, Commission Expenditure



Personal Expenses of Directors of Company Can’t be Disallowed Without Sufficient Proof: ITAT(24.09.2018)

Delhi bench of ITAT, has held that while deleting an addition against the assessee-Company, that the personal expenses of the Directors/ Office bearer.....

Tags : ITAT, Personal Expenses of Directors



ITAT Delhi Says 'No' to Interest for Late Payment of TDS due to Connectivity issues at Bankers' End(21.06.2017)

ITAT, Delhi has held that assessee cannot be treated as Assessee-in-Default for Late payment of TDS due to system and connectivity issues at the banke.....

Tags : ITAT, Delhi, TDS



SC Extends Period of Limitation for Filing in All Courts/Tribunals(24.03.2020)

Supreme Court has directed the suspension of the limitation period running under all general and special laws, with effect from 15th March, 2020, in v.....

Tags : Supreme Court, Period of Limitation for Filing



ITAT Mumbai Allows Claim of TDS Credited on Unrealized Income(14.06.2017)

ITAT, Mumbai has allowed assesses claim towards TDS credited on unrealized income.

Tags : ITAT, Mumbai, TDS



Grant of recognition to CDSL Ventures Limited as an accreditation agency(12.01.2022)

Amendments to SEBI (Alternative Investment Funds) Regulations, 2012 [Last amended on November 09, 2021] SEBI (Portfolio Managers) Regulations, 2020 [L.....

Tags : Recognition, Grant, Accreditation agency



Federal Tax, State Tax and Disability Tax in USA Eligible for Credit Under Income Tax Act: ITAT(02.04.2019)

Income Tax Appellate Tribunal (ITAT), Hyderabad has held that the federal tax, state tax and medicare-cum-disability tax in USA is eligible for sectio.....

Tags : ITAT, Federal Tax, Disability Tax



SC Directs Faridabad Municipal Corporation to Roll Out Provisional Rehabilitation Scheme(15.09.2021)

Supreme Court has asked the Municipal Corporation of Faridabad to roll out a provisional scheme for rehabilitation of residents in relation to the dem.....

Tags : Supreme Court, Provisional Rehabilitation Scheme



Calcutta High Court to ITAT: Refund Seized Money in New Currency(20.04.2017)

Calcutta High Court has ordered Income Tax Department to refund in valid/new currency, any money held by it on account of a Court order.

Tags : Calcutta High Court, ITAT, new currency



ITAT Delhi: Excessive Application of Net Profit Rate is Not Admissible(04.12.2019)

Income Tax Appellate Tribunal, Delhi has ruled that in earlier assessment years as well as in subsequent assessment years, a particular net profit rat.....

Tags : ITAT Delhi, Net Profit Rate



ITAT Kolkata: Tax Payable in India Even if Technical Services of Testing Performed Abroad(14.06.2019)

Income Tax Appellate Tribunal (ITAT), Kolkata has noted that tax payable for technical services of testing is performed outside the country if the res.....

Tags : ITAT Kolkata, Technical Services



Kerala HC: State Can’t Deny Responsibility in Guise of Limitation Period(03.03.2023)

Kerala High Court while observing that when a citizen is engaged by Government to carry out activities, it had duty to reward person as per the contra.....

Tags : Kerala High Court, Limitation Period, Compensation



SC Dismisses Plea Challenging Delimitation in Jammu & Kashmir(13.02.2023)

Supreme Court has dismissed petition that challenged delimitation exercise carried out for redrawing the Legislative Assembly and Lok Sabha constituen.....

Tags : Supreme Court, Delimitation, Jammu & Kashmir



ITAT: Cash Gift from Siblings During Medical Emergencies Can’t be Treated as ‘Unexplained’(02.08.2022)

Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that the cash gift from brother and sister during medical emergencies cannot be treated as .....

Tags : ITAT, Medical Emergencies, Cash Gift



Rajasthan High Court Sets Period of Limitation for Preferring Appeal from Decision of Family Court(14.11.2019)

Rajasthan High Court has ruled while harmonizing the provisions contained under Section 19 of the Family Courts Act, 1984 and Section 28 of the Hindu .....

Tags : Rajasthan High Court, Limitation



Delhi HC Directs for Reformation and Rehabilitation Plan of POCSO Convict(04.03.2020)

Delhi High Court has directed the Superintendent of Tihar jail to prepare an appropriate rehabilitation programme for the convict under Protection of .....

Tags : Delhi High Court, Reformation and Rehabilitation Plan of POCSO Convict



Delhi HC: Limitation Period for Arbitration Dispute Commences After Pre-Arbitration Mechanism fails(17.10.2022)

Delhi High Court has ruled that the period of limitation for referring the dispute to arbitration would only commence after the internal dispute resol.....

Tags : Delhi High Court, limitation, arbitration, dispute resolution



ITAT Kolkata: Old, Uninhabitable House Cannot be Subject to Tax on Notional Rent Basis(20.06.2019)

Income Tax Appellate Tribunal (ITAT) Kolkata has noted that notional rent cannot be applied to determine house property income towards an old uninhabi.....

Tags : ITAT Kolkata, Notional Rent



Statute

Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016(30.05.2016)

The Ministry of Women and Child Development released the draft

Tags : Punjab and Haryana HC, Jat agitation



Patidar Agitation: Gujarat High Court Allows Bail to Alpesh Kathiriya in Sedition Case(01.08.2019)

Gujarat High Court granted bail to Patidar quota agitation leader Alpesh Kathiriya in connection with a sedition case against him in Surat on the cond.....

Tags : Patidar Agitation, Gujarat High Court



Investment can’t be Written Off as Bad Debt if Project fails to Take Off: ITAT(12.10.2018)

Income Tax Appellate Tribunal (ITAT ) has given major setback to Aditya Birla Power Company Limited and held that investment in the project which fail.....

Tags : ITAT, Investment, Aditya Birla Power Company Limited



ITAT: Goodwill Acquired Under Slump Sale Agreement Eligible for Depreciation(04.07.2022)

Income Tax Appellate Tribunal (ITAT), Hyderabad Bench has held that the depreciation is allowed on goodwill acquired under a slump sale agreement unde.....

Tags : ITAT, Depreciation, Slump Sale Agreement



ITAT: Disallowance is Calculated Based on Average Value of Share(02.06.2022)

Income Tax Appellate Tribunal (ITAT), Pune Bench has held that as per Rule 8D(2)(iii) of Income-Tax Rule, 1962, the disallowance under Section 14A of .....

Tags : ITAT, Income Tax, Disallowance



Allahabad HC: In Consensual Relationships, POCSO Act Being Misused Against Teenagers(05.07.2024)

Allahabad High Court has observed that while the POCSO Act’s primary objective is to protect children under the age of majority from sexual exploitati.....

Tags : Allahabad High Court, POCSO Act, Sexual Exploitation



Kar. HC: Parent Losing Child Custody Should be Given Sufficient Visitation Right(24.05.2023)

Karnataka High Court has observed that Court has to ensure that sufficient visitation rights to a parent, who is not given child's custody, should be .....

Tags : Karnataka High Court, Child Custody, Visitation Right



ITAT: Income Tax Addition Cannot be based on Conjectures and Surmises(20.05.2022)

Income Tax Appellate Tribunal (ITAT), Delhi bench, while quashing an assessment under the Income Tax Act, 1961, has held that the income tax addition .....

Tags : ITAT, Assessment



ITAT: Forex Transaction to Hedge Foreign Currency Risk is Not Speculative(10.08.2022)

Income Tax Appellate Tribunal (ITAT), Chandigarh Bench while allowing deduction, has held that the Forex transaction to hedge foreign currency risk is.....

Tags : ITAT, Forex Transaction, Hedge Foreign Currency



ITAT: Payment Made by Mobile Service Provider for Roaming Can’t be Considered as Technical Service(06.06.2022)

Income Tax Appellate Tribunal (ITAT), New Delhi, has held that payment made by a one mobile service provider to another for roaming cannot be consider.....

Tags : ITAT, Income-Tax Act, 1961. Roaming, Technical Service



Clarification regarding extension of limitation under GST law in terms of Hon'ble Supreme Court's Order dated 27.04.2021(20.07.2021)

The Government has issued notifications under Section 168A of the CGST Act, 2017, wherein the time limit for completion of various actions, by any aut.....

Tags : Extension, Limitation, GST law



ITAT: Onus to Prove Authenticity of Loan Transactions is on Assessee(25.05.2022)

Income Tax Appellate Tribunal (ITAT), Raipur bench has held that if AO doubts the authenticity of loan transactions, then, the onus is upon the assess.....

Tags : ITAT, Loan Transaction, Assessee, Onus



SC: Provisions of Limitation Act Has No Application When Statute Extinguishes The Right Itself(01.08.2022)

Supreme Court has held that the provisions of Limitation Act will not have any application when a Statute extinguishes the right itself.

Tags : Supreme Court, Limitation, Application



No Income Tax Deduction to Law Firm for Expenses Incurred for Pleasure Tour by Counsels: ITAT(08.01.2019)

Income Tax Appellate Tribunal (ITAT), Delhi, has held that no income tax deduction can be given to the law firm, Luthra & Luthra, for the expenses inc.....

Tags : ITAT, Income Tax Deduction to Law Firm,Pleasure Tour by Counsels



Delhi HC Directs Police to Submit Compliance Report in Plea Seeking Rehabilitation of Victims(02.03.2020)

Delhi High Court has directed Delhi Police to submit a report within 3 weeks highlighting the actions taken by police in compliance of the Court's pre.....

Tags : Delhi High Court, Rehabilitation of Victims



Delhi HC To Have Its Own Citation System For Judgments From October 17(17.10.2022)

Delhi High Court is going to have its own 'neutral citation system' for all its judgments, which are uploaded on its official website, with effect fro.....

Tags : Delhi High Court, neutral citation, judgments



ITAT Chennai: Capital Gain Exemption Not Allowable Merely Due to Agreement Without Payment Evidence(20.06.2019)

Income Tax Appellate Tribunal (ITAT), Chennai has observed that the exemption under Section 54F of the Income Tax Act, 1961 (Act) is allowable merely .....

Tags : ITAT Chennai, Capital Gain Exemption



Model Juvenile Justice Rules encompass 49 Forms(25.05.2016)

Draft Model Rules under the Juvenile Justice (Care and Protection of Children) Act 2015 were released by the Ministry of Women and Child Development.<.....

Tags : juvenile justice, draft rules, 2016, rehabilitation, adoption



ITAT Delhi: Land Cannot be Treated as Stock in Trade in Case of Nil Construction(27.06.2019)

Income Tax Appellate Tribunal (ITAT) Delhi has observed that if no business activity or construction is carried out on a piece of land, it can still b.....

Tags : ITAT Delhi, Stock in Trade



ITAT, Delhi: Commissioner Sanction Not Required for Contribution towards EPF Under EPF Act(31.05.2017)

ITAT Delhi has held that approval by Commissioner of Income Tax is not a mandatory requirement to allow deduction of contribution towards EPF under se.....

Tags : ITAT Delhi, Income Tax Act, Employees provident Fund Act



ITAT: Penalty not to be Imposed When Legal Heir Revises Return, Voluntarily Offers Income to Tax(04.10.2017)

ITAT, Mumbai while quashing penalty proceedings against the legal heir of assessee where he revised the return and voluntarily offered the additional .....

Tags : ITAT Mumbai, Section 271(1)(c) of IT Act, 1961



ITAT Condones Delay in Filing Audit Report Due to Illness of Accountant(10.06.2022)

Income Tax Appellate Tribunal (ITAT), Pune bench has condoned a delay in filing audit report since the Accountant of the assessee was undergoing medic.....

Tags : ITAT, Medical Treatment, Assessee, Condoned



ITAT: Service Tax is Not Payable Until Consideration is Received(15.06.2022)

Income Tax Appellate Tribunal (ITAT), Chennai Bench has held that service tax is not payable until consideration was received.

Tags : ITAT, Service Tax, Consideration



All. HC: No Power to HC for Extension of Limitation Period in Filing Election Petition(03.10.2024)

Allahabad High Court has observed that under the Representation of the People Act, 1951 Courts do not have the power to extend the period of limitatio.....

Tags : Allahabad High Court, Election Petition, Limitation Period



ITAT: Entertainment Subsidy Falls Under Capital Receipt(22.06.2022)

Income Tax Appellate Tribunal (ITAT), Pune Bench has held that Entertainment subsidy falls under capital receipt.

Tags : ITAT, Entertainment Subsidy, Capital Receipt



No limitation period for reporting of the offences under the POCSO Act, 2012.(16.10.2018)

The Ministry of Women and Child Development had recently consulted Ministry of Law in view of the overriding provisions of the Protection of Children .....

Tags : Limitation period, Report, POCSO Act



Obtaining Loan from Banks to Self-Help Groups and Poor Is A Charitable Activity: ITAT(26.09.2018)

Cuttack bench of Income Tax Appellate Tribunal has held that the activity of obtaining loan from banks to advance self-help groups and poor persons ca.....

Tags : ITAT, Self-Help Groups



ITAT, Kolkata: Limitation for Revisionary Jurisdiction Runs from Assessment Date Order(06.04.2022)

Income Tax Appellate Tribunal, Kolkata has observed that the limitation period for exercising revisionary jurisdiction runs from the date of assessmen.....

Tags : Income Tax Appellate Tribunal, Kolkata, limitation period, revisionary jurisdiction, assessment order, Section 263 of Income Tax Act, 1961



ITAT Delhi: Rent Received by Trust from Shops Purchased Out of Excess Fund is Taxable(09.08.2019)

Income Tax Appellate Tribunal (ITAT) Delhi has ruled that the rental income received by a Trust from the properties purchased out of the surplus fund .....

Tags : ITAT Delhi, Rent



ITAT: Distribution Fee Paid By Google India to Google Ireland for 'Adwords' is Taxable in India(27.10.2017)

Bengaluru ITAT has held that distribution fee paid by Google India to Google Ireland for use of its ‘Adwords programme’ is taxable in India as ‘royalt.....

Tags : ITAT, Google



ITAT: Depreciation Not Allowable for Expenditure Availed on Professional or Legal Services(04.07.2022)

Income Tax Appellate Tribunal (ITAT), Bangalore Bench has held that depreciation is not allowable for expenditure availed on professional or legal ser.....

Tags : ITAT, Professional/Legal Services, Commercial Right



ITAT: SIDC Eligible for Section 80IA Deduction for Interest on Land Premium on Industrial Parks(02.06.2022)

Income Tax Appellate Tribunal, Dehradun bench has held that State Infrastructure & Industrial Development Corporation of Uttarakhand Ltd. (SIDC) is el.....

Tags : ITAT, Income-Tax, SIDC, Deduction



NCLAT: Corporate Debtor’s Last Payment within Limitation Period Amounts to Acknowledgement(06.01.2025)

NCLAT New Delhi bench has held that Corporate Debtor’s act of making last payment within the limitation period amounts to acknowledgement under Sectio.....

Tags : NCLAT New Delhi, Limitation Period, Last Payment



Supreme Court Reiterates Section 18 Limitation Act Is Applicable To IBC Proceedings(19.05.2022)

Supreme Court reiterates that the provisions of Section 18 of the Limitation Act are applicable to proceedings under the Insolvency and Bankruptcy C C.....

Tags : Supreme Court, Insolvency and Bankruptcy Code, 2016, Section 18 Limitation Act



ITAT: Capital Gain Can’t be Taxed When Sale Consideration is Already Taxed from PoA Holder(08.08.2022)

Income Tax Appellate Tribunal (ITAT), Pune Bench has held that the capital gain in respect of consideration received from sale of property cannot be t.....

Tags : ITAT, Capital Gain, PoA



SC: Limitation Period for Specific Performance Suit's Runs from Date for Performance of Agreement(12.08.2024)

Supreme Court has held that period of limitation for specific performance of suit shall run from the date that has been fixed for its performance and .....

Tags : Supreme Court, Specific Performance, Period of Limitation



ITAT: Revisional Jurisdiction Can be Invoked for Lack of Enquiry by Assessing Officer(06.06.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that lack of enquiry by the assessing officer invokes the jurisdiction of Principle Commis.....

Tags : ITAT, Assessing Officer, Income-Tax Act



ITAT Directs Fresh Adjudication as Assessee Failed to File Reply to Income Tax Notice Due to COVID(25.05.2022)

Income Tax Appellate Tribunal, Bangalore held that assessee could not respond to the notices in view of the pandemic situation, which has to be accept.....

Tags : ITAT, Income-Tax, Covid-19



ITAT Pune: Ex-Gratia Payment to Prematurely Retiring Employees Deductible Even in Absence of Scheme(30.08.2019)

Income Tax Appellate Tribunal (ITAT) Pune has ruled that the amount of ex-gratia payment to the prematurely retiring employees can be allowed as a ded.....

Tags : ITAT Pune, Ex-Gratia Payment



ITAT: Extinguishment of Right in Property Would Result in Capital Gain(03.06.2019)

ITAT Mumbai has held that the extinguishment of any rights in the property would result in the capital gain under the Income Tax Act, 1961.

Tags : ITAT, Capital Gain



ITAT: TDS Not Applicable on Sale of Property if Consideration of Co-owners Does Not Exceed Rs. 50L(16.05.2019)

ITAT Jodhpur has held that the provisions of TDS would not be applicable on the sale of property if the sale consideration do not exceed Rs. 50 lakhs.

Tags : ITAT, TDS



Architect Fees Paid For Construction Of Building Is Capital Expenditure: ITAT(12.09.2018)

Delhi bench of ITAT has held that the architect fees paid by the assessee for the construction of the building which was not used for the purpose of t.....

Tags : ITAT, Architect Fees, Capital Expenditure



Delhi High Court: Statute Of Limitation Puts The Sword Of Damocles To Rest(03.10.2017)

Delhi High Court while refusing to hear an Appeal filed after a delay of 504 days noted that the application for condonation of delay did not disclose.....

Tags : Delhi High Court, Limitation



ITAT: Notice Issued U/S 271 IT Act Must Record the Specific Ground on Which it Initiated(01.06.2022)

Income Tax Appellate Tribunal (ITAT), Amritsar Bench has held that unambiguous statement in notice can strike off penalty imposed u/s 271 of the Incom.....

Tags : ITAT. Income-Tax Act, Notice



ITAT: Hospitals Need to Deduct TDS for Payments to Doctors Engaged as Retainers And Consultants(01.07.2022)

Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that the hospitals shall deduct TDS under Section 194J of the Income Tax Act, 1961 in respe.....

Tags : ITAT, TDS, Retainers, Consultants



ITAT: Prima Facie Belief That There is Escape of Income is Sufficient Proof to Re-Open Assessment(23.06.2022)

Income Tax Appellate Tribunal (ITAT), Pune Bench has held that prima facie belief that there is the escape of income is sufficient proof to initiate r.....

Tags : ITAT, Income Tax Act, 1961, Reassessment



SC: ITATs Insisting on Filing Appeals in Physical Mode Would Defeat Purpose of E-Filing(18.04.2023)

Supreme Court while observing that it would defeat the purpose of e-filing if in addition to e-filing, the ITATs insist on filing of appeals in the ph.....

Tags : Supreme Court, E-Filing, ITAT, Physical Mode



Tel. HC: Accreditation to Working Journalists to be Granted on Fair and Reasonable Criteria(17.07.2024)

Telangana High Court while addressing issues of media accreditation on language based criteria, has observed that if the State Government decides to a.....

Tags : Telangana High Court, Media Accreditation, Language Based Criteria



ITAT: Profits from Providing Technical Services to Other Airlines is Covered Under DTAA(08.06.2022)

Income Tax Appellate Tribunal (ITAT), Delhi while upholding the decision of Commissioner of Income-tax (Appeals) has held that profits from providing .....

Tags : ITAT, Double Taxation Avoidance Agreement, Technical Services



ITAT: Foreign Travel Expenses to Secure Capital Investment Can’t be Allowed as Business Expenditure(17.08.2022)

Income Tax Appellate Tribunal (ITAT), Bangalore Bench has held that the foreign travel expenses relating to secure the capital investment in the busin.....

Tags : ITAT, Capital Investment, Foreign Travel Expense



Delhi HC to Govt: Rehabilitate Those Wrongfully Jailed(04.12.2017)

Delhi High Court, while empathizing with victims of wrongful imprisonment, has said that there is an "obvious gap" in law to compensate and rehabilita.....

Tags : Delhi High Court, Rehabilitation



ITAT: No Income-tax Penalty for Unintentional Error in Form-16(30.05.2022)

Income Tax Appellate Tribunal (ITAT), Pune bench has held that income tax penalty cannot be imposed for committing an unintentional error on Form-16.

Tags : ITAT. Income Tax, Form 16



ITAT Confirms Disallowance Since Sham Transactions Under the Garb of Donation Was Used for Evasion(20.05.2019)

Income Tax Appellate Tribunal, Chennai has held that the Assessing Officer was rightly disallowed deduction claim since their involved sham transactio.....

Tags : ITAT, Disallowance



ITAT: Penalty Cannot be Levied on Retrospective Amendment(03.06.2019)

ITAT Ahmedabad has held that the Assessee cannot be penalized on ground of a retrospective amendment under the Income Tax Act, 1961.

Tags : ITAT, Penalty



ITAT Delhi: Disallowance of Expenditure is not Concealment of Income(30.07.2019)

Income Tax Appellate Tribunal (ITAT) Delhi has ruled that mere disallowance of expenditure claimed in the return would not amount to ‘concealment of i.....

Tags : ITAT Delhi, Disallowance



NRIs can be Appointed as Trustees of Indian Trusts Under Income Tax Act: ITAT(11.10.2018)

Income Tax Appellate Tribunal has held that under the Income Tax Act appointing of NRIs as trustees of valid Indian trusts is permissible.

Tags : ITAT, NRI, Trust



MP HC: Section 5 of Limitation Act Applies to Arbitration Reference Under National Highways Act(04.07.2022)

MP High Court has held that Section 5 of Limitation Act is applicable to reference to arbitration under National Highways Act, therefore limitation pe.....

Tags : Madhya Pradesh High Court, Limitation, Competent Authority



ITAT: Disallowance Can’t be Made on Payment to PF and ESI Before Due Date(01.06.2022)

Income Tax Appellate Tribunal (ITAT), Amritsar Bench has held that disallowance can’t be made on payment to PF and ESI before the due date u/s 139(1) .....

Tags : ITAT. Income-Tax Act, Disallowance



NCLAT: If Resolution Applicant’s Plan Rejected by CoC, RA Can Participate in Fresh Invitation(06.01.2025)

NCLAT New Delhi bench has held that if CoC disapproves resolution plan including revised plan submitted by the resolution applicant, the same resoluti.....

Tags : NCLAT New Delhi, Resolution Applicant, Freshly Issued Invitation



Mad HC: Inspection of Rehabilitation Centres Necessary to Safeguard Public Interest(21.04.2023)

Madras High Court while observing that rehabilitation/de-addiction centres can’t be run by any individuals without obtaining a proper permission and l.....

Tags : Madras High Court, Rehabilitation Centres, Public Interest



Kerala High Court: Denial of Ordinary Leave Reduces Convict’s Chances of Rehabilitation(26.07.2024)

Kerala High Court has observed that denying ordinary leave to convicts for long years can have detrimental effect on the prisoner's reformation and re.....

Tags : Kerala High Court, Ordinary Leave, Rehabilitation



ITAT Disallows IT Deduction U/S 80IA as Income From Eligible Unit Not Shown in Gross Total Income(08.06.2022)

Income Tax Appellate Tribunal (ITAT), Cuttack bench has disallowed deduction under Section 80IA of Income-Tax Act, 1961 since income from eligible uni.....

Tags : ITAT, Income-Tax Act, Deduction



ITAT: Liquor License Obtained in The Name of Benami/Employee is Illegal(17.08.2022)

Income Tax Appellate Tribunal (ITAT), Delhi Bench while disallowing claim of business expenditure towards payment of license fee has held that assesse.....

Tags : ITAT, License Fees, Illegal, Deduction



ITAT: Loss Arising Out of Sale of Government Securities is Trading Loss(30.05.2022)

Income Tax Appellate Tribunal (ITAT), Visakhapatnam Bench has held that the loss arising out of the sale of government securities is a trading loss.

Tags : ITAT, Government Securities, Trading Loss



ITAT: Export Entitlements And Duty Drawback of Promotion Scheme is Assessable Income(14.06.2022)

Income Tax Appellate Tribunal (ITAT), Vishakhapatnam Bench has held that export entitlements and duty drawback of promotion scheme is income assessabl.....

Tags : ITAT, Export Entitlements, Duty drawbacks



It is permissible to add a firm to an existing complaint subsequent to an investigation. Initiation does not require any level of formality(02.05.2017)

Present appeal is against an order of Competition Tribunal in which Tribunal dismissed a series of in limine objections raised by Appellants. On 1st S.....

Tags : Collusive bidding, Investigation, Settlement, Invitation



ITAT, Mumbai Allows Tax Deductions to SRK on Earnings From Kaun Banega Crorepati(23.03.2017)

ITAT, Mumbai has allowed SRK a deduction of Rs 10 crore that was paid to him for Kaun Banega Crorepati and also of Rs 7 crore the actor had charged fr.....

Tags : ITAT, Mumbai, Shah Rukh Khan, Kaun Banega Crorepati



Court derides lack of legislation on rehabilitation for sexual assault victims(03.11.2015)

In a case involving the rape of a minor and birth of a child as a consequence, the Allahabad High Court, taking note of the physical and mental trauma.....

Tags : Rape, rehabilitation, victim, child, compensation



ITAT: TDS Not Applicable to Commission to Credit Card Company Under Section 194H of IT Act(09.06.2022)

Income Tax Appellate Tribunal (ITAT), Delhi bench has held that TDS under Section 194H of the Income-Tax (IT) Act, 1961 is not applicable to the amoun.....

Tags : ITAT, Income-Tax Act, Credit Card



ITAT: Depreciation allowable on Toll Collection Rights(15.06.2022)

Income Tax Appellate Tribunal (ITAT), Pune Bench has held that the depreciation under Section 32 of the Income Tax Act, 1961 is allowable on toll coll.....

Tags : ITAT, Toll Collection, Capital Asset



ITAT, Bengaluru: No Exemption to Society For Investment in Fixed Asset using Loan Amount(15.06.2017)

ITAT, Bengaluru has held that assessee-society is not entitled to exemption in respect of investment in fixed asset using loan amount under section 11.....

Tags : ITAT, Bengaluru, Income Tax Act



SC Asks States to Complete Identification and Rehabilitation of Children in Street Situations(18.01.2022)

Supreme Court has asked the States to complete the identification and rehabilitation process of the Children in Street Situations at the earliest. The.....

Tags : Supreme Court, Identification and Rehabilitation of Children



Firm which is Not a Shareholder in Pvt. Company can’t be Taxed for Deemed Dividend: ITAT(04.04.2019)

Income Tax Appellate Tribunal (ITAT), Kolkata bench has held that a Firm, which is not a shareholder in a private company cannot be taxed for deemed d.....

Tags : ITAT, Deemed Divident, Firm not a shareholder



ITAT Delhi Allows Addition Since Share Transactions are Sham Transactions to evade Tax(27.06.2019)

Income Tax Appellate Tribunal (ITAT) has allowed an addition by finding that the share transaction leading to long term capital gain were actually sha.....

Tags : ITAT Delhi, Sham Transactions



ITAT Bangalore: Expenditure Incurred on Issuance of Debentures is Revenue Expenditure(01.06.2017)

ITAT Bangalore has directed the AO to allow expenditure incurred in relation to issuance of debentures as it constitute revenue expenditure under the .....

Tags : ITAT Bangalore, Revenue Expenditure



Assessee cannot argue lack of jurisdiction after pursuing adjudication on merits(12.08.2015)

In a case where the Assessee after receiving a favourable interim order from the High Court chose to pursue adjudication on merits before the High Cou.....

Tags : customs, limitation, section 28



Acquisition of Tenancy Right Not Eligible for Capital Gain Exemption: ITAT(01.05.2019)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that the acquisition of the tenancy rights would not amount to purchase or construction of a new.....

Tags : ITAT, Acquisition of Tenancy Right, Capital Gain Exemption



ITAT: Self-Occupied Property Cannot Enter Into the Block of Depreciable Asset(27.05.2019)

Income Tax Appellate Tribunal Mumbai has recently rejected Bollywood singer Sonu Nigam’s plea by holding that the self-occupied property cannot enter .....

Tags : ITAT, Property



SC Issues Notice on Challenge to Presidential Order to Resume Delimitation of Assam's Assembly(28.05.2020)

Supreme Court has issued notice on a plea challenging the promulgation of the Presidential Order through which the process of delimitation of the Asse.....

Tags : Supreme Court, Delimitation of Assam’s Assembly



Digital Exploitation of Children(18.07.2019)

"Police" and "Public Order" are State subjects as per the Constitution of India. States/UTs are primarily responsible for prevention, detection, inves.....

Tags : Digital Exploitation, Children, Cyber crime



Delhi HC: Time Spent in Mediation Would be Excluded from Limitation for Invoking Arbitration(13.04.2022)

Delhi High Court has ruled that when the agreement between the parties provides for compulsory mediation, the time spent in the mediation process shal.....

Tags : Delhi High Court, agreement, mediation, limitation period



ITAT, Pune: Revisional Jurisdiction Cannot be Invoked Sans Illegality in Original Re-Assessment(16.05.2022)

Income Tax Appellate Tribunal (ITAT), Pune while quashing a revisional jurisdiction under Section 263 of the Income Tax Act, 1961, has ruled that the .....

Tags : Income Tax Appellate Tribunal (ITAT), Pune, revisional jurisdiction, Section 263, Income Tax Act, 1961



Non-Residents Not Required to Disclose Their Foreign Bank Accounts: ITAT(26.11.2018)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that the non-residents are not required to disclose the details of their foreign bank accounts a.....

Tags : ITAT, Non Residents Bank Accounts



Delhi HC: Sufficiency of Stamp Duty on Agreement Cannot be Adjudicated u/s 11 of A&C Act(14.04.2022)

Delhi High Court has observed that the Court can’t adjudicate on the issue whether the claims made by the petitioner are barred by limitation while de.....

Tags : Delhi High Court, Section 11 of the Arbitration and Conciliation Act, 1996, arbitration, limitation



All. HC: Extension of Limitation Under A&C Act Can’t be Sought if Party Aware of Contents of Award(27.05.2024)

Allahabad High Court has held that if a party seeking extension of limitation by application of Section 31(5) of the Arbitration and Conciliation Act,.....

Tags : Allahabad High Court, S. 31(5) of A&C Act, Limitation Period



Del. HC: ITAT’s Direction to Re-examine Issue by Referring to CBDT’s Circular Can’t be Disregarded(02.08.2024)

Delhi High Court has held that Income Tax Appellate Tribunal’s (ITAT) direction to re-examine the issue by referring to the circular issued by the Cen.....

Tags : Delhi High Court, ITAT, CBDT



SC: Parties Challenging Arbitral Award after Limitation Period Can’t Seek Benefit u/s 4 of Limitation(11.07.2024)

Supreme Court has restated that a party challenging an arbitral award beyond the limitation period of three months by using 30 day extension period gi.....

Tags : Supreme Court, Limitation Period, Arbitral Award



ITAT: Amount Invested in Capital Gain Scheme not Subjected to Tax in The Year of Investment(23.05.2022)

Income Tax Appellate Tribunal (ITAT), Delhi bench has held that the amount once invested in the capital gain scheme cannot be brought to tax in the ye.....

Tags : ITAT, Capital Gain, Investment



ITAT: Belated Payment to PF/ESI Before Due Date for Filing Return is Deductable U/S 43B of IT Act(07.06.2022)

Income Tax Appellate Tribunal (ITAT), Allahabad has held that the belated payment of employee contribution to Provident Fund (PF)/Employees State Insu.....

Tags : ITAT, Income-Tax Act, PF/ESI



Madras HC: Limitation for Presenting Documents Not for Order or Decree by Court(01.07.2021)

Madras High Court has held that the limitation prescribed under Section 23 of the Registration Act, 1908, for presenting documents will not stand attr.....

Tags : Madras High Court, Limitation for Presenting Documents



Sik HC: Issue of Limitation Involving Question of Facts & Law, Can’t be Decided as Preliminary Issue(05.07.2024)

Sikkim High Court in an application under Order XIV Rule 2 of the Code of Civil Procedure, 1908, has held that if the issue of limitation involves a m.....

Tags : Sikkim High Court, Order XIV Rule 2, Issue of Limitation, Preliminary Issue



Bombay HC: Loss On Trading in Derivatives of Securities Not A Speculative Loss(19.05.2022)

Bombay High Court has ruled that transactions in respect of trading in derivatives carried out in a recognized stock exchange are excluded from the de.....

Tags : Income-Tax Act, Bombay High Court, ITAT, Finance Act



ITAT: Employee Welfare Expenses Cannot be Included in Fringe Benefits Tax(09.08.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench has held that the Employee Welfare expenses cannot be included in the value of Fringe Benefits T.....

Tags : ITAT, Welfare Expenses, Fringe Benefits Tax



ITAT: Section 147 of IT Act is not an Alternative to Section 263 of IT Act(06.06.2022)

Income Tax Appellate Tribunal (ITAT), Delhi bench while quashing Assessment Order under Section 147 of Income-Tax Act, 1961 without Jurisdiction has h.....

Tags : ITAT, Income-Tax Act, 1961, Alternative



ITAT: No TDS on Discounts Extended to Pre-paid SIM Distributors(25.05.2022)

Income Tax Appellate Tribunal (ITAT), Raipur bench has held that no TDS on Discounts extended to Pre-paid SIM distributors on transfer of pre-paid SIM.....

Tags : ITAT, TDS, Pre-paid Sim



SC: Central Govt. has Authority to Impose 'Quantitative Restrictions' on Import(27.08.2020)

Supreme Court has observed that the Central Government has the authority to impose quantitative restrictions by an order under Section 3(2) of the For.....

Tags : Supreme Court, Quantitative Restrictions on Import



ITAT: TDS Applicable to Payments Towards Channel Carriage Fees, Up-Linking, Bandwidth Charges(17.05.2017)

ITAT Kolkata has held that payments on account of channel carriage fees, up-l inking charges and Bandwidth charges are not in nature of payment toward.....

Tags : ITAT, Kolkata, Carriage Fees, Up-Linking, Bandwidth Charges



Ker HC: Recklessly Permitting Human Settlement Near Elephant Habitat Leading to Man-Animal Conflicts(13.04.2023)

Kerala High Court has observed that increasing instances of human elephant conflict that we are confronted with today appear to be nothing but inevita.....

Tags : Kerala High Court, Human Settlement, Elephant Habitat, Man-Animal Conflict



ITAT: Non-capitalisation Interest of Loans on P&M and CWP Cannot Be Capitalised and Disallowed(23.05.2022)

Income Tax Appellate Tribunal (ITAT), Amritsar Bench has held that non-capitalisation interest of loan on Plant & Machinery (P&M) and Capital Work in .....

Tags : ITAT, Interest of Loans, Capital Work in Progress



ITAT: Limited Scrutiny Can be Converted to Regular Assessment After Approval of Competent Authority(07.06.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad has held that limited scrutiny can be changed to the regular assessment with the approval of the compe.....

Tags : ITAT, Scrutiny, Competent Authority



ITAT: Income Tax Appeal Not Maintainable During the Course of IBC Proceedings(16.08.2022)

Income Tax Appellate Tribunal (ITAT), Hyderabad Bench has held that an Income tax appeal is not maintainable during Insolvency and Bankruptcy Code (IB.....

Tags : ITAT, Income Tax Appeal, IBC



ITAT: Drawings Made for Non-Business Purposes are Not Allowable as Income Tax Deduction(13.06.2022)

Income Tax Appellate Tribunal (ITAT), Visakhapatnam bench has held that drawings made for non-business purposes are not allowable as a deduction under.....

Tags : ITAT, Deductions, Income-Tax



ITAT,Hyderabad: No Penalty If Assessee Discloses Correct Income During Scrutiny(30.05.2017)

Income Tax Appellate Tribunal (ITAT), Hyderabad has held that penalty under Section 271(1)(c) of Income Tax Act is not leviable in a case where assess.....

Tags : Income Tax Appellate Tribunal (ITAT), Hyderabad



ITAT: Rent From Hoardings Received by Co-operative Housing Society Taxable as ‘House Property Income’(04.10.2017)

In an important ruling, Ahmadabad bench of ITAT has held that the rent received by a Co-operative housing society by letting out space for hoardings a.....

Tags : ITAT, Income from House Property, Income Tax Act, 1961



ITAT: Foreign Exchange Derivative Losses Can be Allowed for Deduction as it is Notional Loss(09.06.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad bench has held that foreign exchange derivative losses can be allowed for deduction as it is notional .....

Tags : ITAT, Foreign Exchange Derivative



ITAT: Assessee Could Not be Penalized by Denying the Exemption for Mere Technical Violation(15.06.2022)

Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that assessee could not be penalized by denying the exemption for mere technical violation .....

Tags : ITAT, Technical Violation



Gujarat HC: Limitation Act Inapplicable to Contempt Proceedings(01.06.2022)

Gujarat High Court while refusing to condone a delay of 1 year in a Contempt Proceeding has held that the provisions of the Limitation Act, 1963 do no.....

Tags : Gujarat High Court, Limitation, Contempt Proceeding



Supreme Court to Recall Suo Motu Extension of Limitation Period With Effect From October 1(23.09.2021)

Supreme Court had said that it will recall the suo motu order of April 27, 2021, which had extended with effect from March 14, 2021 the limitation per.....

Tags : Supreme Court, Suo Motu Extension of Limitation Period



Supreme Court: Must Not Rigidly Interpret Three-Month Limitation Period under A&C Act(07.04.2025)

Supreme Court has observed that for challenging an arbitral award the three-month limitation period under Section 34(3) of the Arbitration & Conciliat.....

Tags : Supreme Court, Three-Month Limitation, Three Calendar Months



ITAT: Normal or Corpus Donation Cannot be Treated as Anonymous Donation(03.06.2019)

ITAT Delhi has held that a normal or corpus donation cannot be treated as an anonymous donation under the Income Tax Act, 1961.

Tags : ITAT, Donation



ITAT, Delhi Says 'No' to Protective Assessment Without Substantive Assessment(12.06.2017)

ITAT, Delhi has held that under provisions of IT Act, protective assessment cannot be made without a substantive assessment.

Tags : ITAT, Delhi, Substantive Assessment



ITAT: Multiple Flats on Different Floors Cannot be Treated as Single Residential House(29.06.2022)

Income Tax Appellate Tribunal (ITAT), Cuttack Bench has held that the multiple flats in different floors of the same building cannot be treated as a s.....

Tags : ITAT, Capital Gain Exemption, Income-Tax Act



ITAT Kolkata: Uniform Allowance to Employees Not Taxable as Fringe Benefits(03.07.2019)

Income Tax Appellate Tribunal (ITAT ) Kolkata has held that the uniform allowance to the employees is not taxable as fringe benefits under the Income.....

Tags : ITAT Kolkata, Uniform Allowance



ITAT: Payment of Consultation Fee After IT Dept.’s Order Cannot be Treated as Prior Period Expenses(20.06.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that payment of Tax Consultation Fee after passing of Order by Income Tax Department canno.....

Tags : ITAT, Tax Consultation Fees, Prior Period Expenses



ITAT: Income Received Under FPS Introduced Under Foreign Trade Policy 2004 Are Capital Receipts(14.07.2022)

Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that income received under Focus Products Scheme (FPS) introduced under Foreign Trade Polic.....

Tags : ITAT, Foreign Trade Policy, Focus Products Scheme



Higher Remuneration Paid to Director of Company Can’t be Disallowed: ITAT(03.10.2018)

ITAT, Mumbai has held that the excess Remuneration paid to the Director of the Government cannot be disallowed since there is no requirement to get ap.....

Tags : ITAT, Director, Remuneration



ITAT: Domestic Transaction from a Related Party is Not a Specified Domestic Transaction(10.08.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that a domestic transaction from a related party is not a specified domestic transaction u.....

Tags : ITAT, Income-Tax, domestic Transaction



ITAT: Income Tax on Both Owner and GPA Holder on Same Income Amounts to Double Taxation(07.06.2022)

Income Tax Appellate Tribunal (ITAT), Visakhapatnam has held that levy of Income-tax on both landowner and GPA holder for the same income amounts to d.....

Tags : ITAT, Income-Tax Act, Double Taxation



ITAT: Deduction U/S 80IA of IT Act Cannot be Disallowed on Failure of Form No.10CCB Submission(13.06.2022)

Income Tax Appellate Tribunal (ITAT), Bangalore Bench has held that the claim of deduction under Section 80IA of Income Tax (IT) Act 1961 cannot be di.....

Tags : ITAT, Revised Return, Due Date



NCLAT: Article 1 of Limitation Act,1963 not Apply to Proceedings Under IB Code, 2016(26.05.2022)

National Company Law Appellate Tribunal (NCLAT) Principal Bench has held that the Article 1 of Limitation Act, 1963 is not applicable to the Petition .....

Tags : National Company Law Appellate Tribunal, Insolvency and Bankruptcy Code, Limitation



ITAT: Co-Operative Society Providing Financial Help Without RBI License is Eligible for Exemption(08.07.2022)

Income Tax Appellate Tribunal (ITAT), Chennai Bench has held that the cooperative society providing financial accommodation to members without Reserve.....

Tags : ITAT, Co-Operative Society, RBI License, Financial Accommodation



NCLAT: OTS Proposal is an Acknowledgement of Debt Under Section 18 of Limitation Act(22.07.2022)

National Company Law Appellate Tribunal (NCLAT), New Delhi Bench has held that a One Time Settlement (OTS) proposal falls within the definition of 'ac.....

Tags : NCLAT, Limitation, One Time Settlement



Tel. HC: Denying Accreditation to District, Constituency-Level Journalists is Unjustified(06.08.2024)

Tel HC while quashing the Schedule that categorizes small newspapers into four tiers for accreditation purposes, has held that depriving the journalis.....

Tags : Telangana High Court, Accreditation, Small Newspapers



Delhi HC: Period of Limitation Run from the Day the Amount is Reflected as Outstanding in the Ledger(03.06.2022)

Delhi High Court has held that acknowledgment of an amount as due and payable under the ledger constitutes a fresh cause of action and extends the per.....

Tags : Delhi High Court, Limitation



ITAT: Charitable Trust Engaged Solely in Educational Purpose can Avail Exemption in Income Tax Act(24.05.2022)

Income Tax Appellate Tribunal (ITAT), Rajkot Bench has held that a Charitable Trust engaged solely in educational purposes can avail exemption under S.....

Tags : ITAT, Charitable Trust, Educational Purpose, Exemption



Kerala HC Issues Norms for Journalists Accreditation for Reporting Court Proceedings(18.11.2016)

Kerala High Court has published norms for regular accreditation of journalists wanting to report High Court proceedings.

Tags : Kerala High Court, journalists, accreditation



NCLAT: For Calculating Limitation Period, Period from 15.3.2020 to 28.2.2022 shall stand excluded(14.01.2025)

NCLAT New Delhi bench has held that for the purpose of calculating the limitation period while filing an application under Section 9 of the IBC, perio.....

Tags : NCLAT New Delhi, Limitation Period, Supreme Court Judgement



ITAT: Cash Seized During Search Cannot be Adjusted Against Self Assessed Tax Liability(19.07.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench has held that the cash seized during search cannot be adjusted against the self-assessed existin.....

Tags : ITAT, Cash Seized, Self Assessed Tax



Del HC: Party Can’t Restrict Limitation Period Contrary to Limitation Act, for Invoking Arbitration(24.03.2023)

Delhi High Court has held that party cannot be permitted to restrict the period of limitation for invoking arbitration, in contravention to the limita.....

Tags : Delhi High Court, Limitation Period, Arbitration



ITAT Condones Delay as Chartered Accountant Was Busy with ICAI Election(03.06.2019)

ITAT Jaipur has condoned the delay in filing an appeal before the Commissioner of Income Tax (Appeals) as the Chartered Accountant of the Assessee was.....

Tags : ITAT, ICAI



ITAT, Delhi: Section 50C Applicable to Sale of Leasehold Rights(12.06.2017)

ITAT Delhi has held that income earned from transfer of leasehold rights is chargeable to Income Tax under section 50C of Income Tax Act which provide.....

Tags : ITAT, Delhi, Leasehold Rights



Apex Court: Outer Limitation for Possession Suit Based on Title Will Not Get Lost(04.07.2019)

Apex Court has noted that merely because relief of declaration is also sought in a suit for possession the outer limitation of twelve years is also no.....

Tags : Apex Court, Outer Limitation



ITAT: Not All Appellate Orders are Erroneous(30.06.2022)

Income Tax Appellate Tribunal (ITAT), Cuttack bench has advised the income tax department to be careful in filing the appeals against the orders of th.....

Tags : ITAT, Income Tax Department, Erroneous



ITAT Mumbai: Shah Rukh Khan Gets Tax Relief on Dubai Villa(25.08.2017)

Income Tax Appellate Tribunal has ruled that a Dubai villa owned by Shah Rukh Khan was out of the tax ambit.

Tags : ITAT Mumbai, Shah Rukh Khan



ITAT: Short Term Capital cannot be carried forward as it has not been claimed through a Return filed(21.06.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that short term capital cannot be carried forward as it has not been claimed through a ret.....

Tags : ITAT, Short Term Capital, Income-Tax Act



ITAT: Expenses Paid Through Cheques Based on Self-Made Voucher Allowable as Income Tax Deduction(10.06.2022)

Income Tax Appellate Tribunal (ITAT), Pune bench has allowed the expenses paid through cheques based on the self-made voucher allowable as deduction u.....

Tags : ITAT, Deductions, Cheque



ITAT Hyderabad Quashes Assessment, Rules that Sale Agreement between Son and Father is Valid(04.10.2017)

In an important ruling, ITAT, Hyderabad bench while quashing the assessment proceedings has held that a sale agreement between son and father cannot b.....

Tags : ITAT Hyderabad



Madras HC: Reference to Transfer Pricing Officer After 21 Months Barred by Limitation(15.06.2022)

Madras High Court has held that a reference to the Transfer Pricing Officer under Section 92CA of the Income (IT) Tax Act, 1961 cannot be made after e.....

Tags : Madras High Court, Transfer Pricing Officer, Limitation



Raj. HC: Protecting Children's Right is Not Just a Legal Obligation, It's a Moral Imperative(03.10.2024)

Rajasthan High Court has observed that protecting children's right is not just a legal obligation, it's a moral imperative that directly impacts the f.....

Tags : Rajasthan High Court, Legal Obligation, Exploitation



ITAT: No Income Tax on Compensation Received for Compulsory Acquisition of Land by Government(29.08.2022)

Income Tax Appellate Tribunal (ITAT), Patna Bench has held that no Income tax to be levied on compensation received for compulsory acquisition of land.....

Tags : ITAT, Compensation, Acquisition



NCLAT: For Filing Appeal, Limitation Period Begins from Pronouncement Date if Substa. Order Passed(14.04.2025)

NCLAT New Delhi bench has held that if substantive order is passed on the date of pronouncement then limitation period for filing appeal shall begin f.....

Tags : NCLAT New Delhi, Substantive Order, Limitation Period



Supreme Court Allows Parents Having Visitation Rights to Maintain Contact with Children(01.05.2020)

Supreme Court has directed that parents with visitation rights may resort to electronic means keeping in view the inability of parents to meet their c.....

Tags : Supreme Court, Parents with Visitation Rights



SC: HC Cannot Disregard Statutory Limitation Period to Entertain Writ Petition(08.05.2020)

Supreme Court has observed that a High Court cannot disregard the statutory limitation period to entertain Writ Petition assailing orders passed by st.....

Tags : Supreme Court, Statutory Limitation Period



SC Issues Notice on PIL Seeking Compensation and Rehabilitation of Victims of West Bengal Riots(25.05.2021)

Supreme Court has issued notice on a Public Interest Litigation (PIL) seeking compensation and rehabilitation of the victims of the alleged state spon.....

Tags : Supreme Court, Compensation and Rehabilitation of Victims of West Bengal Riots



SC Issues Notice in Plea Challenging Delimitation Exercise in Nagaland(31.07.2020)

Supreme Court has issued notice in a plea challenging the order issued by Union of India under section 10A of the Delimitation Act, 2002 whereby the d.....

Tags : Supreme Court, Delimitation Exercise in Nagaland



SC to Centre: Provide Update on the Status of Sex Workers' Rehabilitation Bill(05.05.2023)

Supreme Court has sought an update from the Centre on the status of Workers' Rehabilitation Bill which aims for prevention of trafficking, and the reh.....

Tags : Supreme Court, Sex Workers, Rehabilitation



ITAT, Pune: Revisional Jurisdiction Cannot be Invoked Sans Illegality in Original Re-Assessment(16.05.2022)

Income Tax Appellate Tribunal (ITAT), Pune while quashing a revisional jurisdiction under Section 263 of the Income Tax Act, 1961, has ruled that the .....

Tags : Income Tax Appellate Tribunal (ITAT), Pune, revisional jurisdiction, Section 263, Income Tax Act, 1961



Madras HC Directs TN Bar Council to Enroll Law Graduate Who Participated in Anti-Sterlite Agitation(27.09.2021)

Madras High Court has directed the Bar Council of Tamil Nadu and Puducherry to enroll a law graduate who had participated in the protests for the clos.....

Tags : Madras High Court, Law Graduate Who Participated in Anti-Sterlite Agitation



SC: Once Limitation Act applies, all its provisions will Apply to the proceedings under Public Premis(07.04.2025)

SC has observed that a party cannot argue that only section 3 of Limitation Act along with the limitation provided under Limitation Act will apply and.....

Tags : Supreme Court, Limitation Act, Public Premises Act



ITAT: Deduction of Compensation for Breach of Contract Can’t be Allowed Based Only on Bank Statement(13.07.2022)

Income Tax Appellate Tribunal (ITAT), Pune Bench has held that deduction of compensation paid for breach of contract cannot be allowed based on bank s.....

Tags : ITAT, Contract, Bank Statement



ITAT: Profit Element of Hawala Purchase Would be Subjected to Tax, Not the Entire Amount(13.07.2022)

Income Tax Appellate Tribunal (ITAT), Pune Bench has held that the profit element of hawala purchase would be subjected to tax, not the entire amount.

Tags : ITAT, Profit, Hawala Purchase



ITAT: Income from Cricket Betting is Business Income(12.07.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad bench has upheld addition of Income from Cricket Betting as Business Income.

Tags : ITAT, Cricket Betting, Business Income



Delhi HC Issues Directions for Rehabilitation of Madrasi Camp Dwellers in National Capital(13.05.2025)

Delhi High Court while directing demolition of the Madrasi Camp, has issued a set of directions for smooth rehabilitation of the camp dwellers.

Tags : Delhi High Court, Madrasi Camp, Smooth Rehabilitation



ITAT: Commission Earned on Distribution of Indian Mutual Fund Outside India is Not Taxable(10.06.2022)

Income Tax Appellate Tribunal (ITAT) has held that commission earned on distribution of Mutual Funds schemes of an Indian fund outside India cannot be.....

Tags : ITAT, Mutual Funds, Distribution



ITAT: Income Tax Notice sent to Dead Person is Invalid(15.06.2022)

Income Tax Appellate Tribunal (ITAT), Delhi Bench has quashed the re-assessment order passed by assessment officer on the ground that Income Tax Notic.....

Tags : ITAT, Income-Tax Notice, Dead person



SC: Starting Point of Limitation Commences from the Date the Defendant's Possession Becomes Adverse(16.10.2024)

Supreme Court has held that in terms of Article 65 of the Limitation Act, 1963 the starting point of limitation would not commence from the date when .....

Tags : Supreme Court, Limitation Act, Right of Ownership



ITAT: Supporting Evidence Mandatory for Claim TDS Credit in Absence of TDS Certificate(01.09.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that supporting evidence is mandatory for claiming TDS Credit in absence of a TDS Certific.....

Tags : ITAT, TDS Credit, Supporting Evidence



Tel. HC to State: Take Steps to Prevent Spread of Diseases Due to Flood(02.08.2023)

Telangana High Court has directed State to file report on steps taken to rehabilitate victims of floods and for ensuring safety and well-being of vict.....

Tags : Telangana High Court, Flood, Rehabilitation



All. HC: Railway Claim Tribunal has Power to Condone Delay U/S 5 of Limitation Act(18.08.2023)

Allahabad High Court has held that if sufficient cause is made out, Railway Claim Tribunal has power to condone the delay under section 5 of the Limit.....

Tags : Allahabad High Court, Limitation Act, Railway Claim Tribunal



J&K HC: Object Underlying Law of Limitation is Based on “Interest Reipublicae Up Sit Finis Litium”(04.02.2025)

J&K HC has observed that object underlying law of limitation is based on maxim “interest reipublicae up sit finis litium” meaning that it is for gener.....

Tags : J&K High Court, Law of Limitation, General Welfare



ITAT: No Late Fee U/S 234E of IT Act Can be Levied for Default Committed After 2015 Amendment(10.06.2022)

Income Tax Appellate Tribunal (ITAT), Pune bench has held that late fees u/s 234E can’t be levied for the default committed after the insertion of Sec.....

Tags : ITAT, Income-Tax Act, Finance Act



ITAT: Form 67 shall be Filed on or Before Income Tax Return Due Date(16.06.2022)

Income Tax Appellate Tribunal (ITAT), Visakhapatnam Bench has held that in order to avail the deduction of foreign tax credit, it is mandatory to file.....

Tags : ITAT, Foreign Tax Credit, Form 67



Guj. HC Expresses Displeasure Over Municipality’s Absolute Silence on Death of Sanitation Workers(06.03.2025)

Gujarat High Court has expressed displeasure over absolute silence by Chief Officer of Patdi Nagar Palika (Municipality) in a matter relating to death.....

Tags : Gujarat High Court, Sanitation Workers, Manual Scavenging



SC Refuses to Interfere in Police Investigation regarding Exploitation of Women in Malayalam Cinema(07.02.2025)

Supreme Court has refused to interfere in police investigation regarding the sexual exploitation of women in the Malayalam cinema field, that is based.....

Tags : Supreme Court, Malayalam Cinema, Exploitation of Women



If Agitators Damage Property, Leaders Must Go to Cops: Supreme Court(03.10.2018)

Supreme Court has said if protesters turn violent and vandalise property, their leaders must present themselves for questioning at a police station wi.....

Tags : Supreme Court, Agitators, Property



SC:Sec 14 of Limitation Act Applicable if Sec 34 Petition under Arbitration Act Filed was Within Time(04.10.2019)

Supreme Court has ruled Section 14 of Limitation Act, 1963 would be applicable to the proceedings under Section 34 of Arbitration and Conciliation Act.....

Tags : SC, Limitation



ITAT Delhi: Tax Exemption Cannot be Denied Merely Because One Donation in One Year is Doubtful(01.07.2019)

Income Tax Appellate Tribunal (ITAT) Delhi has ruled that the income tax exemption cannot be denied to a Trust merely because one donation in one yea.....

Tags : ITAT Delhi, Tax Exemption



SC to Centre: Have Any Schemes Been Formulated for Rehabilitation of Manual Scavengers?(14.07.2023)

Supreme Court while hearing petition seeking implementation of Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, has .....

Tags : Supreme Court, Manual Scavengers, Scheme, Rehabilitation



Allahabad HC: Shouldn't Advise Clients to Reagitate Matters if No Error Apparent on Face of Record(27.06.2022)

Allahabad High Court has held that an advocate should not give advice of re-agitating matter when there is no error apparent on the face of the record.....

Tags : Allahabad High Court, Reagitate Matters, Error



ITAT: Reasonableness of Expenses to be Judged from Angle of Businessman Rather Than from Angle of AO(17.06.2022)

Income Tax Appellate Tribunal (ITAT) Delhi bench, has held that reasonableness of expenses to be judged from the angle of the businessman rather than .....

Tags : ITAT, Assessing Officer, Businessman



Bom. HC: Prosecutions Must Not be Launched to Stifle Agitations that are Part of Democratic Process(17.03.2025)

Bombay HC has observed that prosecutions must not be launched to stifle agitations that are part of the democratic process so long as people do not ta.....

Tags : Bombay High Court, Stifle Agitations, Democratic Process



Date for seeking comments from stakeholders and public on the Draft Financial Resolution and Deposit Insurance (FRDI) Bill extended till 31st October, 2016(20.10.2016)

The Government of India had invited stakeholder/public comments on the Draft Financial Resolution and Deposit Insurance(FRDI) Bill, 2016 from 28.9.201.....

Tags : Financial Resolution, Deposit Insurance, Comments, Invitation



ITAT Mumbai: Wrong Claim for TDS Will Not Attract Penalty(03.07.2019)

Income Tax Appellate Tribunal (ITAT) Mumbai has ruled that a wrong claim for TDS cannot be a ground to invoke penalty proceedings under Section 271(1).....

Tags : ITAT Mumbai, Penalty



HP HC: Can’t Entertain Petition u/s 34 Filed beyond Limitation Period Unless Sufficient Cause Shown(26.11.2024)

HP High Court has held that if a petition under Section 34 of Arbitration and Conciliation Act is filed beyond the limitation period of three months, .....

Tags : HP High Court, Limitation Period, Sufficient Cause



ITAT: Depreciation Claimed on Government Securities Categorised as AFS is Allowable(17.06.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench has held that depreciation claimed for the Government securities categorised as 'Available for S.....

Tags : ITAT, Government Security, AFS



Supreme Court: Art 113 of Limitation Act Cannot Be Invoked If Case is Governed by Specific Entry(18.09.2017)

Supreme Court has held that period of limitation under residuary Article 113 cannot be invoked if there is any other specific entry governing the case.....

Tags : Supreme Court, limitation



Supreme Court: Article 137 Limitation Act Applies to Applications under Section 7 of the IBC(25.09.2019)

Supreme Court has ruled that Article 62 of the Limitation Act, 1963 would only apply to suits and not to an application which is filed under Section 7.....

Tags : Supreme Court, Limitation



ITAT Chandigarh: Penalty Granted on Surrender Made on Account of Discrepancy in Stock(04.07.2019)

Income Tax Appellate Tribunal (ITAT), Chandigarh has ruled that the penalty under Section 271AAB of the Income Tax Act, 1961 was rightly imposed in th.....

Tags : ITAT Chandigarh, Penalty



ITAT: CIT (A) required to Examine Documentary Evidences filed before Confirming Findings of AO(21.06.2022)

Income Tax Appellate Tribunal (ITAT), Amritsar Bench has held that Commissioner of Income-tax (Appeals) [CIT (A)] is required to examine documentary e.....

Tags : ITAT, CIT(A), Assessing Officer



Receipt for Relinquishment of ‘Right to Sue’ Not Taxable: ITAT(05.10.2018)

Income Tax Appellate Tribunal (ITAT) has held that consideration received for relinquishment of ‘Right to Sue’ does not attract income tax either unde.....

Tags : ITAT, Receipt for Relinquishment, Right to Sue



ITAT: Non-Compliance of Valuation Will Not Render Assessment Erroneous if Sale is Under SARFEASI Act(15.07.2022)

Income Tax Appellate Tribunal (ITAT), Delhi bench has held that an assessment order cannot be held as “erroneous” for failure to comply with the provi.....

Tags : ITAT, Valuation, SARFEASI



Karnataka HC Warns of Contempt Against Officials for Failing to Rehabilitate Villagers(09.10.2020)

Karnataka High Court has said it would initiate proceedings under the Contempt of Courts Act, 1971 against government officers who for the last 37-yea.....

Tags : Karnataka High Court, Failure to Rehabilitate Villagers



Delhi HC Issues Notice to DCPCR & Others on Plea for Rehabilitation of Affected Children(13.08.2021)

Delhi High Court has issued notice to DCPCR & Others on a petition seeking requisite steps to eradicate the problem of child beggary and related probl.....

Tags : Delhi High Court, Rehabilitation of Affected Children



ITAT: Capital Gain Deduction Allowable to Separate Independent Residential Units on Single Land(18.07.2022)

Income Tax Appellate Tribunal (ITAT), Chennai Bench has held that the capital gain exemption under section 54F of the Income Tax Act, 1961 is allowabl.....

Tags : ITAT, Capital Gain Exemption, Residential Units



NCLAT: Corporate Debtor’s Last Payment within Limitation Period Amounts to Acknowledgement(06.01.2025)

NCLAT New Delhi bench has held that Corporate Debtor’s act of making last payment within the limitation period amounts to acknowledgement under Sectio.....

Tags : NCLAT New Delhi, Limitation Period, Last Payment



ITAT: Product Development Expenditure is ‘Revenue’ in Nature(23.05.2022)

Income Tax Appellate Tribunal (ITAT), Pune bench has held that the expenditure incurred on testing and validation of the products is revenue in nature.....

Tags : ITAT, Income-Tax Act, 1961, Product Development Expenditure, Revenue



ITAT: Pledging of Shares With Banks for Obtaining Bank Finance Not Violative of SEBI Regulations(18.07.2022)

Income Tax Appellate Tribunal (ITAT), New Delhi while deleting addition against share broker, has held that pledging of shares of clients with banks f.....

Tags : ITAT, SEBI Regulations, Pledging of Shares



ITAT: Sale of Agricultural Land Does Not Amount to Capital Gain(05.07.2022)

Income Tax Appellate Tribunal (ITAT), Kolkata Bench has held that the sale of agricultural land does not amount to capital gain for the purpose of all.....

Tags : ITAT, Agricultural Land, Capital Gain



Rehabilitation Homes for Mentally Ill Persons: SC Seeks Status Report(04.10.2018)

Supreme Court has sought reports within two weeks from state governments and Union Territories on the status of setting up rehabilitation homes for pe.....

Tags : Supreme Court, Rehabilitation Home, Mentally Ill



ITAT: Capital Gain Exemption Cannot be Claimed for Agricultural Land Purchased in Wife’s Name(15.07.2022)

Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that the capital gain exemption under Section 54B of the Income Tax Act, 1961 cannot be cla.....

Tags : ITAT, Capital Gain Exemption, Agricultural Land



ITAT: Investments Converted into Stock-in-Trade Can Avail Exemption U/S 10(38)(23.05.2022)

Income Tax Appellate Tribunal (ITAT), Pune has held that investment converted into stock in trade can avail exemption u/s 10(38) of Income Tax Act 196.....

Tags : ITAT, Income-Tax Act, 1961, Stock Trade, Investment



ITAT: Change in Method of Treating Income Can Lead to Double Taxation(18.07.2022)

Income Tax Appellate Tribunal (ITAT), Rajkot Bench has held that a change in the method of treating income would lead to double taxation if the sales .....

Tags : ITAT, Double Taxation, Sales Consideration



ITAT: 100% Deduction U/S 80IC of IT Act allowable when Industry undergone Substantial Expansion(05.07.2022)

Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that 100% deduction under Section 80IC of Income-Tax (IT) Act, 1961 is allowable when an in.....

Tags : ITAT, Substantial Expansion, 100% Deduction



SC: All Statutes Should Stick to a Uniform Period of Limitation for Preferring Appeal(13.01.2025)

Supreme Court has observed that the statutes ought not to provide different period of limitation for instituting suit, preferring appeal and making an.....

Tags : Supreme Court, Uniform Period, Limitation



ITAT: Salary Paid Outside the Books of Account Cannot be Considered as Concealed Profit(24.05.2022)

Income Tax Appellate Tribunal (ITAT), Chandigarh has held that salary paid outside the books of account cannot be recognised as concealed profit and n.....

Tags : ITAT, Concealed Profit, Assessee



ITAT: Arrangement Between Spouse Without Real Money Exchange Not Amount to Unexplained Investment(05.07.2022)

Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that a mere arrangement between a husband and wife without real money exchange cannot be do.....

Tags : ITAT, Arrangement, Unexplained Investment



ITAT: Unregistered Document Has No Evidentiary Value(18.07.2022)

Income Tax Appellate Tribunal (ITAT), Surat Bench has upheld the denial of capital gain exemption under Section 54 of Income-Tax Act, 1961, by holding.....

Tags : ITAT, Unregistered Document, Capital Gain Exemption



ITAT: Deposit of Banned Notes Received Out of Cash Sales During Demonetization Period is Valid(05.07.2022)

Income Tax Appellate Tribunal (ITAT), Visakhapatnam Bench while deleting an addition under Section 69A of the Income Tax Act, 1961, has held that depo.....

Tags : ITAT, Cash Sales, Demonetization



Andhra Pradesh High Court: Can’t Issue Appellate Order Only in Hindi(08.08.2024)

AP High Court has held that in State of Andhra Pradesh appellate order under Section 107 of CGST Act, 2017 cannot be issued only in Hindi. English cop.....

Tags : AP High Court, S. 107 of CGST, Limitation



ITAT: TDS Credit is Allowable if Not Claimed in Subsequent Year(03.06.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that TDS credit was allowed if it was not claimed in subsequent year.

Tags : ITAT, TDS Credit



ITAT: Dividend Received by Builder not Subject to DDT Shall Assessable as ‘Other Income’(24.05.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that the dividend income received by the assessee, a builder, which is not subject to Divi.....

Tags : ITAT, Dividend Distribution Tax, Income from other sources



Re-Assessment for Second Time Without Notice is Invalid: ITAT(16.11.2018)

Income Tax Appellate Tribunal (ITAT), Chennai has held that the assessment cannot be re-opened for the second time without issuing a re-assessment not.....

Tags : ITAT, Re-Assessment



ITAT: Partition/Family Arrangement is not Capital Gain(19.07.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that a partition or family arrangement cannot be treated as “transfer” for the purpose of .....

Tags : ITAT, Partition, Transfer



ITAT: Development Fee Taken to Corpus Account & Invested in Fixed Asset is Capital Receipt(06.07.2022)

Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that development fees directly taken to corpus account and invested in a fixed asset can be.....

Tags : ITAT, Development Fees, Capital Receipt



ITAT: No Addition Towards Anonymous Deduction if Identity of Donors is Established(19.07.2022)

Income Tax Appellant Tribunal (ITAT), Visakhapatnam Bench has held that if the identity of donors is established under Section 115BBC of Income-Tax Ac.....

Tags : ITAT, Donation, Identity



Kerala HC: Limitation Period for Filing Motor Accidents Claim Applicable Only Prospectively(06.07.2022)

Kerala High Court has held that the limitation period for filing motor accident claims as per Section 166(3), which was introduced by Motor Vehicles (.....

Tags : Kerala High Court, Motor Vehicles, Limitation, Prospective



Insolvency Proceedings can be Withdrawn After Invitation Of Resolution Plans Under Regulation 36A: SC(30.01.2019)

Supreme Court has permitted withdrawal of Corporate Insolvency Resolution Process(CIRP) even after Resolution Professional issued invitation for expre.....

Tags : Supreme Court, Insolvency Proceedings, Invitation Of Resolution Plans



J&K&L HC: Parties Cannot Approach Court Under Section 482 CrPC With Inordinate Delay(06.07.2022)

Jammu and Kashmir and Ladakh High Court has held that a party cannot approach the High Court under Section 482 of the Code of Criminal Procedure (CrPC.....

Tags : Jammu and Kashmir and Ladakh High Court, Limitation, Inordinate Delay



ITAT: Cash Deposit of Firm Cannot be Added to Personal Income of Partner(20.07.2022)

Income Tax Appellate Tribunal (ITAT), Amritsar Bench has held that the cash deposit of the Firm cannot be added to the personal income of the Partner .....

Tags : ITAT, Personal Income, Partner



Chhattisgarh High Court: Section 14 of Limitation Act, 1963 has no Application in Criminal Proceeding(30.11.2020)

Chhattisgarh High Court has observed that the Section 14 of the Limitation Act, 1963 has no application in criminal proceedings. The Court noted that.....

Tags : Chhattisgarh High Court, Limitation



Delhi HC: No Benefit of Rehabilitation & Relocation Policy to Jhuggi Clusters Not Notified by DUSIB(12.08.2022)

Delhi High Court has held that notification by Delhi Urban Shelter Improvement Board (DUSIB) is an essential pre-requisite to be qualified/ recognized.....

Tags : Delhi High Court, Rehabilitation, DUSIB



ITAT: Non-Issue of Proper Show Cause Notice Can be Fatal to Proceedings Under Income Tax Act(13.06.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad bench has held that non-issue of proper show-cause notice can be fatal to the proceedings under the In.....

Tags : ITAT, Income-Tax Act, Show Cause Notice



ITAT: Onus to Prove Creditworthiness of Unexplained Credit is on Assessee(26.05.2022)

Income Tax Appellate Tribunal (ITAT), Allahabad Bench has held that the onus to prove the creditworthiness of the unexplained credit is on the Assesse.....

Tags : ITAT, Onus, Creditworthiness



ITAT: Accepting Loans Through Journal Entries With Reasonable Cause Will Not Attract Penalty(22.07.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai Bench held that accepting loans through journal entries with reasonable cause will not attract penalty un.....

Tags : ITAT, Journal Entries, Penalty



ITAT: Cash Deposits Out of Business of Shroff Cannot be Treated as Undisclosed Income(08.07.2022)

Income Tax Appellate Tribunal (ITAT), Rajkot Bench has held that the cash deposits out of business of Shroff cannot be treated as undisclosed income u.....

Tags : ITAT, Cash Deposit, Shroff



ITAT: Tuition Fee is Taxable Only When a Related Service is Provided by the Educational Institution(07.06.2022)

Income Tax Appellate Tribunal (ITAT), Hyderabad has held that advance tuition fee collected is taxable only when a related service is provided by the .....

Tags : ITAT, Tuition Fees, Educational Institution



Madras HC: Limitation is an Aspect of Public Policy for the Purpose Section 34 of Arbitration Act(12.08.2022)

Madras High Court has held that limitation is a facet of public policy, and hence, an arbitral award which is incorrect qua limitation is hit by Secti.....

Tags : Madras High Court, Limitation, Public Policy, Arbitration



ITAT: Law Does Not Mandate Written Agreement to Prove Commission Expenses(13.06.2022)

Income Tax Appellate Tribunal (ITAT), Delhi bench while deleting an order disallowing expenses has held that there is no law that mandates a written a.....

Tags : ITAT, Written Agreement, Commission Expenses



ITAT: Assessee Engaged in Generation and Selling of Power can Claim Deduction u/s 801 of ITA(26.05.2022)

The Income Tax Appellate Tribunal (ITAT), Delhi bench has held that assessee engaged in generation and selling of power can claim deduction u/s 801 of.....

Tags : ITAT, Income-Tax, Assessee



ITAT: Permissible Possession Given to Developer for Construction Does Not Constitute Transfer(22.07.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that permissible possession given to a developer for construction does not constitute a tr.....

Tags : ITAT, Developer, Transfer



ITAT: Expenses Cannot be Disallowed Solely Due to Non-Receipt of Invoices(08.07.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai Bench while granting relief to L’Oreal India Private Limited, has held that expenses cannot be disallowed.....

Tags : ITAT, Expenses, Disallowed, Invoices



Madras HC Raises Concern Over Rise in Sexual Exploitation of Children(26.08.2022)

Madras High Court while upholding life imprisonment of man convicted for sexually abusing five children, has held that rising trend of sexual exploita.....

Tags : Madras High Court, Sexual Exploitation, Children



Punjab & Haryana HC Seeks DGP’s Report over Witness Protection in Jat Agitation Case(05.12.2016)

Punjab and Haryana High Court has directed Haryana Director General of Police (DGP) to file an affidavit about steps taken to protect witnesses relate.....

Tags : Punjab and Haryana High Court, Director General of Police, Jat agitation



ITAT: Charitable Trust Engaged in Activities Benefiting for Religion can Claim Exemption U/S 11(26.05.2022)

Income Tax Appellate Tribunal, Delhi bench has held that the charitable trust engaged in activities that benefited for particular religion can claim e.....

Tags : ITAT, Charitable Trust, Religion



ITAT: Income Tax New Rules allows Hearing through Video Conference(11.07.2022)

Income tax Appellate Tribunal (ITAT), Mumbai Bench has held that the denial of assessee’s specific request to attend the personal hearing through vide.....

Tags : ITAT, Video Conferencing, Natural Justice



Ori. HC: Although Limitation Act is Not Strictly Applicable to a Writ Petition, But the Principles Ap(21.03.2025)

Ori. High Court has observed that although the Limitation Act, 1963 is not strictly applicable to a writ petition, but the principles apply. Delay or .....

Tags : Orissa High Court, Limitation Act, Writ Petition



AP HC Grants Conditional Visitation Rights to Father Despite Son being Witness Against him(15.04.2025)

Andhra Pradesh High Court while granting visitation rights to a father despite son being a witness against him, has observed that through such conditi.....

Tags : AP High Court, Visitation Rights, Visitation Rights



Wife to Get Tax Exemption Even if Investment Made in Joint Name of Husband: ITAT(18.12.2018)

Income Tax Appellate Tribunal has ruled that assessee wife can claim exemption from tax liability under Section 54F of the Income Tax Act and observe.....

Tags : ITAT, Wife to Get Tax Exemption



ITAT: 30% Depreciation Allowable to Motor Lorries Used for Transportation of Goods on Hire(31.05.2022)

Income Tax Appellate Tribunal (ITAT), Cuttack bench has held that 30% depreciation is allowable to motor lorries in the business of transportation of .....

Tags : ITAT, Depreciation, Transportation



Telangana HC: Married Woman Willfully Cohabitating With Another Man Can't Prosecute Him for Rape(12.07.2022)

Telangana High Court has held that a married woman, willfully cohabitating with another man, cannot prosecute him for Rape on his refusal to marry her.....

Tags : Telangana High Court, Married Woman, Cohabitating, Rape



SC: Where Judgment Pronounced in Open Court, Limitation Period Starts Running from that Very Day(07.04.2025)

SC has observed that the incident which triggers limitation period to commence under IBC is the date of pronouncement of order and in case of non-pron.....

Tags : Supreme Court, Limitation Period, Open Court



SC: To Seek Exemption from Limitation Period Plaintiff Must Demonstrate Fraud(06.05.2025)

Supreme Court has observed that for a plaintiff to seek exemption from limitation period under Section 17 of the Limitation Act, 1963, plaintiff must .....

Tags : Supreme Court, Limitation Period, Fraud



ITAT: Additional Purchase Price fixed for Sugarcane Under Control Order Not Allowed as Deduction(14.06.2022)

Income Tax Appellate Tribunal (ITAT), Pune bench has held that additional purchase price fixed for sugarcane under Clause 5A of Control Order not allo.....

Tags : ITAT, Control Order, Deduction



NCLAT: Fresh Limitation Period Commences from Date when CD Signs Balance Sheet(27.03.2025)

NCLAT New Delhi bench has held that for the purpose of filing an application under section 7 of the Insolvency and Bankruptcy Code, 2016 fresh period .....

Tags : NCLAT New Delhi, Fresh Limitation Period, Corporate Debtor



ITAT: HUF Eligible for Capital Gain Exemption for Property Purchased in The Joint Name of Members(11.07.2022)

Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that the Hindu Undivided Family (HUF) is eligible to claim capital gain exemption under Sec.....

Tags : ITAT, Hindu Undivided Family, Capital Gain



SC: Limitation Begins From the Date When the Cause of Action First Accrued(17.04.2025)

SC has observed that it is a complete fallacy to make any distinction between “knowledge” and “full knowledge”. The limitation begins from the date wh.....

Tags : Supreme Court, Limitation, Cause of Action



Capital Gain of Minor can be Clubbed with Income of Mother: ITAT(17.12.2018)

Income Tax Appellate Tribunal (ITAT), Chennai has held that capital gain received by minor daughters can be clubbed in the hands of the Mother under p.....

Tags : ITAT, Capital Gain of Minor



ITAT: CSR Expenses, Contribution to CM’s Relief Fund Eligible for Income Tax Exemption(11.07.2022)

Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that the CSR expenses incurred by the Company and the contribution towards CM’s Relief Fund.....

Tags : ITAT, CSR Expenses, CM’s Relief Fund, Exemption



Telangana HC: Cohabitation on Pretext of False Divorce from First Wife Amounts to Rape(31.03.2025)

The Division bench of Telangana High Court has held that cohabitation built on deception without proven customary divorce from first wife amounts to r.....

Tags : Telangana High Court, Divorce, Cohabitation



SC: 3 yr Limita. Applies in Suit for Deed Cancellation & Possession as Cancellation Primary Relief(25.04.2025)

SC has reiterated that when a composite suit is filed for cancellation of sale deed as well as for recovery of possession, limitation period is requir.....

Tags : Supreme Court, Limitation, Deed Cancellation



Bom HC: Facilitation Council’s Mandate Won’t Terminate Only for Failing to Render Award in 90 Days(13.02.2025)

Bombay High Court has held that mandate given by the MSME Facilitation Council will not get terminated merely on the ground that it failed to render a.....

Tags : Bombay High Court, 90 Days, MSME Facilitation Council



SC Asks to Consider Inclusion of Aadhar Card in Eligibility Criteria for Rehabilitation(28.09.2021)

Supreme Court has asked the Municipal Corporation of Faridabad to consider whether Aadhar card could be included in the eligibility criteria for ident.....

Tags : Supreme Court, Eligibility Criteria for Application for Rehabilitation



Modi Government Notifies Rules for Land Acquisition Bill 2013(21.12.2015)

Modi Government has notified rules for Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, pass.....

Tags : Modi Government, Land Acquisition, Rehabilitation and Resettlement Act 2013



ITAT: Limited Scrutiny can be Converted to Complete Scrutiny with Approval of PCIT Only(26.05.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad bench has held that the AO can convert the Limited Scrutiny to Complete Scrutiny on certain requiremen.....

Tags : ITAT, Assessing Officer, PCIT



ITAT: Income Tax Officials Bound to Follow CBDT Circular(08.07.2022)

ITAT: Income Tax Officials Bound to Follow CBDT Circular Income Tax Appellate Tribunal (ITAT), Cochin Bench has held that the circulars issued by the.....

Tags : ITAT, Income Tax Officials, CBDT Circulars



SC: When Contract Doesn’t Fix Time for Specific Performance, Limitation Runs from Notice of Refusal(14.09.2023)

Supreme Court has held that when no time is fixed for specific performance of the contract, the court will have to determine the date on which the pla.....

Tags : Supreme Court, Specific Performance, Limitation, Time



Del. HC: Courts Can’t be Used as a Forum for the Purpose of Facilitating Marriages(05.09.2023)

Delhi High Court while observing that Courts of law cannot be used as a forum for the purpose of facilitating marriages by first lodging an FIR allegi.....

Tags : Delhi High Court, Facilitating Marriages, Bail, FIR



ITAT: Lease Rental on Equipment Paid Without Acquiring Ownership is Revenue Expenditure(21.07.2022)

Income Tax Appellate Tribunal (ITAT) held that lease charges paid for the use of the asset, without acquiring any ownership rights in the same, are al.....

Tags : ITAT, Lease Charges, Revenue Expenditure



ITAT: Proprietary Concern Not Required to Obtain Separate PAN(07.07.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench has held that proprietary concern is not required to obtain a separate Permanent Account Number .....

Tags : ITAT, Permanent Account Number, Income-Tax Act



MP HC Direct Govt to Draw Definite Plan for Rehabilitation of Migrant Workers(07.12.2020)

Madhya Pradesh High Court has directed the Madhya Pradesh Government and its functionaries to draw out a definite plan to rehabilitate migrated worker.....

Tags : Madhya Pradesh High Court, Rehabilitation of Migrant Workers



ITAT: Subscription to Cloud Services Not ‘Royalty’ as Per Indo-US Treaty(15.07.2022)

Income Tax Appellate Tribunal (ITAT), Delhi bench has held that the subscription to cloud base service cannot be treated as royalty as per the India U.....

Tags : ITAT, Cloud Services, Royalty



ITAT Delhi: Money Spent on Scholarships for Students is Revenue Expenditure(14.08.2019)

Income Tax Appellate Tribunal (ITAT) Delhi has ruled that the sum of money paid by Senior Advocate Harish Salve towards scholarships of students at Ox.....

Tags : ITAT Delhi, Revenue Expenditure



ITAT: Refund of Sewage Tax Constitute ‘Business Income’(23.05.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that the refund of sewage tax would be assessed as business income as the same was earlier.....

Tags : ITAT, Sewage Tax, Income-Tax Act, 1961



ITAT: Deduction U/S 54EC of IT Act Applicable within 6 Months from Date of Transfer of Property(18.07.2022)

Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that deduction under Section 54EC of Income-Tax (IT) Act, 1961 is applicable within six cal.....

Tags : ITAT, Transfer of Property, Deduction



ITAT: Income Tax Dept. Can’t Deny TDS Credit to Assessee Once it is Deducted by Employer(04.07.2022)

Income Tax Appellate Tribunal (ITAT), Surat Bench has allowed a claim of TDS credit to the assessee by observing that the same cannot be rejected if t.....

Tags : ITAT, TDS Credit, Deduction



Delay in Getting Signature of MD of Company, Sufficient Cause for Condonation of Delay: ITAT(26.11.2018)

Income Tax Appellate Tribunal ( ITAT ), Hyderabad, while condoning a delay of 92 days in filing Cross Objection filed by a Company, held that there wa.....

Tags : ITAT, Signature of MD, Condonation of Delay



Andhra Pradesh High Court: Can’t Issue Appellate Order Only in Hindi(08.08.2024)

AP High Court has held that in State of Andhra Pradesh appellate order under Section 107 of CGST Act, 2017 cannot be issued only in Hindi. English cop.....

Tags : AP High Court, S. 107 of CGST, Limitation



ITAT: Consideration for Resale of Computer Software Not Taxable as Royalty for Use of Copyright(06.06.2022)

Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that consideration for the resale of the software through End User Licence Agreement is not.....

Tags : ITAT, Computer Software, Royalty, Resale



ITAT: Loss Out of Non-Speculative Transactions Can be Set off Under the Head of Regular Business(25.05.2022)

Income Tax Appellate Tribunal (ITAT) has held that loss arose out of non-speculative transactions can be set off under the head of the regular busines.....

Tags : ITAT, CIT, Income Tax Act, 1961



ITAT Mumbai: Share in Goodwill Paid to Legal Heirs of Deceased Partners Allowable as Deduction(26.08.2019)

Income Tax Appellate Tribunal (ITAT), Mumbai has ruled that the payment made to the legal heirs of deceased partners towards share in goodwill is allo.....

Tags : ITAT Mumbai, Deduction



ITAT: Business of Infrastructure Development Comes Under The Definition of Developer(19.07.2022)

Income Tax Appellant Tribunal (ITAT), Ahmedabad Bench has held that the business of infrastructure development comes under the definition of developer.....

Tags : ITAT, Infrastructure Development, Developer



ITAT: TDS Not Applicable to Client Referral Fee as it Won’t Amount to FTS(06.07.2022)

Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that the provisions of Tax Deduction at Source (TDS) cannot be made applicable to fees for .....

Tags : ITAT, Client Referrals, FTS



SC over Jat Agitation: Can't Order Military To Shoot At Crowd(01.03.2016)

Supreme Court, while dismissing a plea seeking giving free hand to Army to control unruly mob during the Jat agitation in Haryana, has said that it ca.....

Tags : Supreme Court,Jat Agitation



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