Category: Judgments

Merely because section 21 arbitration notice was not issued to certain persons who are parties to the arbitration agreement does not denude arbitral tribunal to implead them as parties to the arbitral proceedings In a recent judgment, the Hon’ble Supreme Court has held that section 21 notice invoking …

For conviction under ESI Act, designation of a person can be immaterial if such person otherwise is an agent of the Owner/Occupier or supervises and controls the establishment in question. In a recent judgment, the Hon’ble Supreme Court has upheld the conviction and fine of the General Manager …

Assessee not cooperating and not providing information in response to notice gave a reasonable belief that sole intention was to evade the tax.  In a recent judgment the Hon’ble Patna High Court has held that if the assessee is not cooperating and participating and the materials indicated that …

Any transaction of Rs. 2,00,000/- and above in cash to be reported to Income Tax Department – Supreme Court In a recent judgment, the Hon’ble Supreme Court have directed that whenever Rs. 2,00,000/- and above is paid by cash towards any transaction i.e. immovable property or otherwise, the …

ITAT restricted penalty under section 272A(1)(d) to the first default to notice issued u/s 143(2). In a recent judgment, ITAT Surat restricted penalty under section 272A(1)(d) to the first default only holding that penalty u/s 271(1)(b) cannot be imposed for each and every notice issued under section 143(2) …

Non payment of GST on the basis of condition in work order that GST will be paid by the purchaser of the goods, amounted to short payment In a recent judgment, Hon’ble Allahabad High Court held that liability to pay the GST is on the supplier & non …

There can be plethora of reasons for failure to execute a formal loan agreement reduced in writing. The need for written agreement should be best left to the judgment of the parties. In a recent judgment, ITAT Delhi observed that there can be plethora of reasons for failure …

When it is demonstrated that money has percolated to assessee from son though through companies in which he was a director, no addition can be made under section 56 – ITAT In a recent judgment, ITAT Chandigarh deleted addition under section 56 observing that once it is demonstrated …

GST order quashed for not considering the reply filed and not providing an opportunity of personal hearing before passing the order. In a recent judgment, Karnataka High Court quashed and set aside GST order passed without considering the reply filed and not providing an opportunity of personal hearing …

Exemption from excise duty does not fall in the definition of income as envisaged under Section 2(24)(xviii) of the Income Tax Act. In a recent judgment, Hon’ble High Court of Jammu & Kashmir and Ladakh held that exemption from excise duty does not fall in the definition of …