Category: Judgments

After a full and final discharge, if claim to arbitration is sustainable or not is clearly within the domain of the arbitral tribunal.  In a recent judgment, Hon’ble Supreme Court has held that notwithstanding receipt against the claim by the insured after giving a full and final discharge …

In an accident chain, the liability under MV Act would pass on to the vehicle which was the root cause of the accident – Supreme Court  In a recent judgment, Hon’ble Supreme Court has held that if an insured vehicle hits another vehicle which in turn hits a …

Benefit of doubt needs to go in favour of assessee when tested on the touchstone of preponderance of probabilities, the explanation offered appears fairly reasonable.   In a recent judgment, ITAT Delhi deleted addition under section 69A and held that benefit of doubt needs to go in favour of …

High Court set-aside order of PCIT u/s 119(2)(b) and condoned the delay in filing the returns due to genuine hardship as contemplated in the Circular.  In a recent judgment, Karnataka High Court set-aside the order passed by the PCIT under Section 119(2)(b) and condone the delay in filing …

When bye-laws authorised Secretary, mere absence of resolution would not make Petition filed by Secretary non-maintainable – High Court  In a recent judgment, Allahabad High Court has held that when bye-laws of the society categorically provided that the proceedings by or against the Society shall be conducted under …

Advance given for purchase and subsequently written off in Profit and Loss account as bad debts allowed as business expenditure u/s 37(1) In a recent judgment, ITAT Chandigarh allowed deduction under section 37(1) as business expenditure towards advance written off as irrecoverable bad debts, following the Supreme Court …

Patwari certificate should be on government letter head bearing government seal, signature and designation of designated local revenue authority – ITAT  In a recent judgment, ITAT Indore has held that Patwari certificate for municipal limit of land should be on government letter head instead of plain paper leaving …

Court under Sections 34 and 37 of the Arbitration and Conciliation Act 1996 have limited powers to modify an arbitral award In a recent judgment, Hon’ble Supreme Court has held that the Court under Sections 34 and 37 of the Arbitration and Conciliation Act 1996 have limited powers …

Supreme Court issues directions for digital KYC of persons with disabilities, especially facial / eye disfigurements due to acid attacks and visual impairments.  In a recent judgment, Hon’ble Supreme Court issued directions to make the process of digital KYC accessible to persons with disabilities, especially facial / eye …

Sales of two incomparable years cannot be compared. ITAT directed addition to be deleted after verification   In a recent judgment, ITAT Delhi held that sales of two incomparable years cannot be compared to treat the increase in sale as unexplained money the basis that sales recorded by …