Category: High Courts
PIL not maintainable in service matters in view of several Supreme Court Judgments. Service matters a writ petition cannot be filed on behalf of an association for various individual persons -High Court ABCAUS Case Law Citation: ABCAUS 1098 (2017) (01) HC Important Case Laws Cited: Bholanath Mukherjee and …
Admitted pending petitions not become non-existent or nullity by filing fresh writ. The Idea of filing fresh petition to get earlier admitted writs petitions heard rejected by High Court ABCAUS Case Law Citation: ABCAUS 1074 (2016) (12) HC Important Case Laws cited: B. Srinivasa Reddy Vs. Karnataka Urban …
Delhi HC-weddings cash withdrawal limits not unjustified and unwarranted as the rigid conditions apply only when payments exceeds Rs. 10000/- ABCAUS Case Law Citation: ABCAUS 1069 (2016) (11) HC Important Case Laws cited: Parisons Agrotech (P) Ltd. v. Union of India (2015) 9 SCC 657, Manohar Lal Sharma …
Imprest account not necessarily part of partner capital account as held by ITAT was based merely on partner’s statement without properly analysing the evidence-High Court ABCAUS Case Law Citation: ABCAUS 1068 (2016) (11) HC Brief Facts of the Case: The responding assessee was a partnership fir. The return …
Interest on loan for declaring dividend allowable deduction u/s 36(1)(iii) even in absence of profits/reserves and the treatment of such dividend as loans in the books of the company – High Court ABCAUS Case Law Citation: ABCAUS 1066 (2016) (11) HC Assessment Year: 2008-09 Date/Month of Judgment/Order: 07-11-2016 Important …
ITAT duty bound to grant relief even if no specific ground raised. Even without alternative submission, Tribunal must pass consequential orders suo motu. ABCAUS Case Law Citation: 1062 (2016) (11) HC Important Case Laws considered: CIBA of India Ltd vs. CIT (1993) 202 ITR 0001 (Bombay High Court) …
Keyman Insurance Policy of partner of firm allowable as business expenditure. CBDT accepts various High Court Judgments on the subject. CIRCULAR NO . 38/2016 F.No.279/Misc./140/2015-ITJ Government of India Ministry of Finance Central Board of Direct Taxes ****** New Delhi, Dated 22nd November , 2016 Subject: Admissibility of expenditure …
Public Limited Company Corporate Veil lifting us 179 of Income Tax Act is possible with prima-facie sufficient material and confronting assessee with show cause-Gujarat High Court. ABCAUS Case Law Citation: 1046 (2016) (10) HC Important Case Law Cited: Pravinbhai M. Kheni v. Assistant Commissioner of Income-tax Brief Facts …
Grant-delay of Income Tax Refund-Conduct of AO was disturbing in not grating-delaying refund based on CBDT Instruction No. 1 of 2015 which was set aside-Bombay High Court ABCAUS Case Law Citation: 1045 (2016) (10) HC Assessment Year 201516 The Challenge: The petition under Article 226 of the Constitution of India …
Courts power confined to examine arbitration agreement existence only after amendments to the Arbitration and Conciliation Act 1996-Delhi High Court. ABCAUS Case Law Citation: 1039 (2016) (10) HC Important Case Law Referred: Radhakrishnan v. M/s. Maestro Engineers & Ors. (2009) (13) SCALE 403 Brief Facts of the Case: …