Category: High Courts
Exempt salary received in NRE account not taxable on receipt basis merely because the foreign employers remitted salary to the assessee’s NRE bank account in India-Calcutta High Court ABCAUS Case Law Citation:ABCAUS 1295 (2017) (07) HC The Question framed for determination:“Whether on the facts and in the circumstances …
GST Registration of Lawyers-No clarity on whether all legal services would be governed by reverse charge mechanism. Delhi HC orders no coercive action for non-registration. ABCAUS Case Law Citation: ABCAUS 1293 (2017) (07) HC The Petitioner was a lawyer and sole proprietor based at Delhi and engaged in …
Sales tax allowed to be retained for production in backward area held revenue receipt in the absence of any condition towards capital utilization-Delhi High Court ABCAUS Case Law Citation: ABCAUS 1292 (2017) (07) HC The Question framed for determination: Whether the ITAT was correct in law in holding …
Chit fund business not cash or fund management for service tax levy purpose. Chit fund not covered u/s 12 of Section 65 of Finance Act 1994-Supreme Court ABCAUS Case Law Citation: ABCAUS 1289 (2017) (07) SC The Question framed for determination: Question No.1 – Whether chit fund activity …
Penalty u/s 221(1)-Interest component has to be excluded while levying Penalty. The term “tax in arrears” does not include interest component-Bombay HC ABCAUS Case Law Citation: ABCAUS 1288 (2017) (07) HC The Question framed by the Appellant Revenue: (1) Whether on facts and in the circumstances of the case and in law, the ITAT …
Penalty us 271(1)(c) invoking discretionary jurisdiction us 40A(2)(b) invalid. Income assessed on the basis of deeming provisions would not amount to non-disclosure-Allahabad High Court ABCAUS Case Law Citation: ABCAUS 1287 (2017) (07) HC The Issue: The only point of the litigation was regarding the levy of penalty under Section …
Provisions of the Limitation Act not applicable to EPF & MP Act in the abscence of any legislative intent. These Act being Special Social Welfare Legislation designed to protect the interest of marginalized workmen-High Court ABCAUS Case Law Citation: ABCAUS 1285 (2017) (07) HC Important Case Laws Cited/relied upon: The Commissioner of …
NPA interest write off-Income Tax Act to override NHB Act. Deduction for past due interest to be based on 6 months u/s 43D read with Rule 6EB-Delhi High Court ABCAUS Case Law Citation: ABCAUS 1284 (2017) (07) HC The Grievance: The Petitioner company had filed the present petition …
CIT erred in rejecting revision application u/s 264 on the ground of maintainability. CIT ought to have entertained the revision petition on merits- Delhi High Court ABCAUS Case Law Citation: ABCAUS 1283 (2017) (07) HC The Grievance: The Petitioner company had filed the present petition under Article 226 …
P F Commissioner competent to decide the employee employer relationship and to determine if a particular employee comes under the definition of employee as defined under the Act – Kerala High Court ABCAUS Case Law Citation: ABCAUS 1282 (2017) (06) HC Important Case Laws Cited/relied upon: Hindustan Time …