Category: Judgments
Tests must be applied to determine if an institution exists solely for educational purposes and not for profit. High Court remands the approval u/s 10(23C) for application of tests as laid down by the Supreme Court ABCAUS Case Law Citation:ABCAUS 2267 (2018) (03) HC Important Case Laws Cited/relied …
Payment by IOCL to transporters was liable to TDS u/s 194C as works contract and not u/s 194I as hiring as per explanation to section 194I-High Court ABCAUS Case Law Citation: ABCAUS 2266 (2018) (03) HC The Substantial questions of law involved was with respect to the provision, …
Conflict of interest is sufficient cause for share transfer refusal u/s 58(4) of Companies Act, 2013 –Supreme Court. CLB obliged consider contention of transfer being deceptive and mala fide. ABCAUS Case Law Citation: ABCAUS 2265 (2018) (03) SC The appellant was a public company whose majority of shares …
High Court declines to direct refund pending scrutiny. Since matter is pending scrutiny before AO exercising the discretion u/s 143(1d) no mandamus can be issued. ABCAUS Case Law Citation: ABCAUS 2264 (2018) (03) HC The assessee had filed the instant writ invoking the extra-ordinary jurisdiction of the Hon’ble …
Deemed dividends not exempted u/s 10(34) in the hand of the payee since there is no payment of additional tax under Section 115(O)-High Court ABCAUS Case Law Citation: ABCAUS 2263 (2018) (03) HC The appellant assessee had challeneged the order of the ITAT holding that assessee was liable …
Reassessment upheld for non disclosure of Interest income set off against interest on loans and advances when production was not commenced ABCAUS Case Law Citation: ABCAUS 2262 (2018) (03) HC The appellant Revenue was aggrieved by the order of the first appellate authority and the Income Tax Appellate …
Explanation can not be rejected applying prudent mans behaviour test. High Court deletes addition made for cash deposits applying Principle of preponderance of probability ABCAUS Case Law Citation: ABCAUS 2261 (2018) (03) HC The appellant assessee had challenged the order of the ITAT in confirming the addition under …
Supreme Court explains the doctrine of mutuality. In a recent judgment, the Supreme Court has explained the doctrine of mutuality. Receipts of non-occupancy charges, transfer charges, common amenity fund charges received by cooperative societies, from its members exempt from tax ABCAUS Case Law Citation: ABCAUS 2260 (2018) (03) …
After enactment of GST, administrative Charges on Molasses can not be levied under the provision of the U.P. Sheera Niyantran Adhiniyam 1964-Allahabad High Court stays the demand. ABCAUS Case Law Citation: ABCAUS 2259 (2018) (03) HC In a recent judgment the Allahabad High Court has stayed the Administrative …
Conviction u/s 278B of Income Tax Act against independent director set aside. Generally and vaguely stated allegations not sufficient to satisfy the basic requirements of law. ABCAUS Case Law Citation: ABCAUS 2258 (2018) (03) TC The Applicant had filed this criminal revision application before the Additional Sessions Judge …
