Judgments

  • Income Tax

Interest waiver-reduction u/s 220(2A) denial for threat by assessee not justified. Satisfaction must be arrived at as per prescribed 3 conditions-High Court

Interest waiver-reduction u/s 220(2A) denial for threat by the assessee not justified. The satisfaction must be arrived at with reference to the…

8 years ago
  • Service Tax

Arrest for non payment of service tax without show cause notice void. Powers u/s 91 without SCN u/s 73A of Finance Act void-Delhi High Court

Arrest for non payment of service tax without show cause notice quashed. Powers exercised u/s 91 without SCN u/s 73A…

8 years ago
  • Judgments

Agreement in restraint of trade void u/s 27 Indian Contract Act 1872. A non-compete clause in the guise of confidentiality clause can not be enforced-Delhi HC

Agreement in restraint of trade void u/s 27 Indian Contract Act 1872. A non-compete clause in the guise of confidentiality…

8 years ago
  • Excise

Excise duty refund for trade-turnover discounts not allowable unless duty passed on to the ultimate consumer – Supreme Court

Excise duty refund for trade-turnover discounts not allowable unless duty passed on to the ultimate consumer  else it would result in…

8 years ago
  • Income Tax

Form 26AS amounts not income if not credited in books of accounts of the assesssee. Mere issue of TDS certificate does not establish any income-ITAT

Form 26AS amounts not income if not credited in books of accounts of the assesssee. It is a well settled…

8 years ago
  • Income Tax

Higher GP rate adoption for mere fall in rate from preceding year. It cannot be a sole reason for choosing higher rate as per Assessing Officers convenience

Higher GP rate adoption for mere fall in rate from preceding year. It cannot be a sole reason for choosing…

8 years ago
  • Income Tax

AO statutorily required to compute capital gain us 48 not 50C. Deduction us 54EC to be also not on deemed cost of consideration u/s 50C basis-ITAT

AO statutorily required to compute capital gain us 48 not 50C. Deduction us 54EC also allowable on capital gain computed…

8 years ago
  • Income Tax

Additions u/s 28(iv) not apply to benefits received in cash-money. ITAT quashed additions made alleging customers advances opening balances as bogus

Additions u/s 28(iv) not apply to benefits received in cash-money. ITAT quashed additions made by Assessing Officer alleging opening balances…

8 years ago
  • Supreme Court

Allahabad High Court local advocate engagement Rules 3 3A not unconstitutional nor ultra vires Section 30 of the Advocates Act 1961

Allahabad High Court local advocate engagement Rules 3 3A not unconstitutional but valid. They are not ultra vires Section 30…

8 years ago
  • Income Tax

Husband Wife treated single unit for capital gains deduction u/s 54 54F. Compensation paid to husband to vacate house owned by wife not allowable – ITAT

Husband Wife treated single unit for capital gains deduction u/s 54 54F. Compensation paid to husband to vacate house owned…

8 years ago