Judgments Archives - Page 319 of 346

Concurrent running of sentence us 138 Negotiable Instrument Act 1988 in two cheque dishonour cases. Court empowered with discretion u/s 427 of CPC -SC

administrator October 29, 2016 Judgments, Supreme Court

Concurrent running of sentence us 138 Negotiable Instrument Act 1988 in two cheque dishonour complaint cases. Court empowered with discretion u/s 427 of CPC -Supreme Court ABCAUS Case Law Citation: 1044 (2016) (10) SC Important Case Law Cited: V.K. Bansal vs. State of Haryana and Another (2013) 7 …

Concessional trade tax rate against Form III-B Penalty leviable u/s 4B(6) not 3B of U P Trade Tax Act – SC

administrator October 28, 2016 Judgments, Sales Tax, Supreme Court

Concessional trade tax rate against Form III-B Penalty leviable u/s 4B(6) not u/s 3B of the U. P. Trade Tax Act for failure to sell the goods within the State, export them or sell them in the course of inter-State trade or commerce-SC ABCAUS Case Law Citation: 1043 …

Detention/Demurrage Charges disallowance us 37(1) deleted as it represented contractual charges

administrator October 23, 2016 Income Tax, ITAT

Detention and Demurrage Charges disallowance us 37(1) deleted as they represented contractual charges paid for delay in loading/unloading of material and are part of normal business activities-ITAT ABCAUS Case Law Citation: 1042 (2016) (10) ITAT Brief Facts of the Case: The appellant Revenue in the present case, among …

Mere 46A application to CIT-A do not justify that papers are on record if the assessee’s application under Rule 46A is declined-ITAT

administrator October 21, 2016 Income Tax, ITAT, Judgments

Mere 46A application to CIT-A do not justify that papers are on record if the assessee’s application under Rule 46A is declined-ITAT ABCAUS Case Law Citation: 1041 (2016) (10) ITAT Brief Facts of the Case: In the present bunch of 6 appeals for for the Assessment years 2005-06 …

Carry forward set off charitable loss us 11 12 allowed by ITAT despite there being no such provisions but for the various decisions of High Courts

administrator October 20, 2016 Income Tax, ITAT, Judgments

Carry forward set off charitable loss us 11 12 allowed by ITAT despite there being no such provisions but for the various decisions of High Courts ABCAUS Case Law Citation: 1040 (2016) (10) ITAT Brief Facts of the Case: The respondent assessee was a charitable society. The income …

Courts power confined to examine arbitration agreement existence only after amendments to the Arbitration and Conciliation Act 1996-Delhi High Court

administrator October 20, 2016 High Courts, Judgments

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: …

Polished granite slab used on floor is not tile under Karnataka Sales Tax Act Entry8. There is distinction between polished granite stone/slabs and tiles-SC

administrator October 19, 2016 Income Tax, Judgments, Supreme Court

Polished granite slab used on floor is not tile under Karnataka Sales Tax Act Entry 8. that there is a distinction between polished granite stone or slabs and tiles-Supreme Court ABCAUS Case Law Citation: 1038 (2016) (10) SC Important Case Law Referred: M/s. Vishwakarma Granites v. Commissioner of …

Rakhi Sawant income tax appeals gets both relief and dismissal-Dismissal for delay, disallowance us 40(a)(ia) remanded assessee being not covered u/s 44AB

administrator October 18, 2016 Income Tax, ITAT, Judgments

Rakhi Sawant income tax appeals gets both relief and dismissal from ITAT-dismissal for delay, disallowance us 40(a)(ia) remanded assessee being not covered u/s 44AB ABCAUS Case Law Citation: 1037 (2016) (10) ITAT Appeal-1 dismissed for dealy There was a delay of 704 days for filing the appeal. The …

Penalty for late filing TDS return us 272A(2)(k) quashed as accountant had changed

administrator October 18, 2016 Income Tax, ITAT, Judgments

Penalty for late filing TDS return us 272A(2)(k) quashed as accountant had changed during the year and assessee was not aware of the delay. In a latest judgment, ITAT Mumbai quashed the penalty u/s 272A(2)(k) for late filing TDS return quashed as accountant had changed during the year …

Partnership salary allowed in profit loss ratio as per deed as the remuneration clause provided the manner of quantifying as per CBDT Circular No. 739

administrator October 16, 2016 Income Tax, ITAT, Judgments

Partnership salary allowed in profit loss ratio as per deed. Remuneration clause provided the manner of quantifying as per CBDT Circular No. 739 – ITAT ABCAUS Case Law Ctation 1035 (2016)(10) ITAT Important Judgments Cited: Assistant Commissioner of Income Tax Vs. M/s. DCS International Trading Durga Dass Davki …

Category: Judgments