Category: Judgments

Unregistered partnership firms can be referred to arbitration, Mere non filing of deed not make arbitration application liable to dismissal–SC

Unregistered partnership firms can be referred to arbitration, there is no contrary statutory provision. Mere non filing of deed not make arbitration application liable to dismiss–Supreme Court  ABCAUS Case Law Citation: 1055 (2016) (11) SC Important Case under consideration: Atul Singh & Othes Vs. Sunil Kumar Singh   &   Others 2008 (2) SCC 602 Bharat Sewa Sansthan Vs. U.P.Electronics Corporation Ltd.  …

Yamuna Expressway Authority-If charitable Institution us 12AA or not to be decided by Allahabad High Court, Questions of Law framed

Yamuna Expressway Authority-If charitable Institution us 12AA or not to be decided by Allahabad High Court, Questions of Law framed ABCAUS Case Law Citation: 1054 (2016) (11) HC Important Case under consideration: Sri Ramtanu Co-operative Society v. State of Maharashtra Indian Trade Promotion Organization v. Director General of …

No Concealment if return revised due to search of other person when assessee filed it voluntarily and no proceedings initiated u/s 153 against him-ITAT

No Concealment if return revised due to search of other person when assessee voluntarily filed revised ITR and no proceedings were initiated u/s 153 against him-ITAT ABCAUS Case Law Citation: 1052 (2016) (11) ITAT Important Case considered: Ravi Sud vs. ACIT (2015) 39 ITR (T) 356 CIT vs. …

Depreciation and exemption both not allowable to charitable trust. Statutory provision u/s 32 to prevail over customary practice-commercial principle-ITAT

Depreciation and exemption both not allowable to charitable trust. Statutory provision u/s 32 to prevail over customary practice-commercial principle-ITAT The allowability of the depreciation claim to a charitable trust/institution in calculating prescribed limit of 85% towards income application u/s 11 of the Income tax Act, 1961 was settled …

Satisfaction recording 153C-same AO for searched-other person. Even if AO is one then also satisfaction has to be recorded as held by Supreme Court

Satisfaction recording 153C-same AO for searched-other person. Even if AO is one then also satisfaction has to be recorded as held by Supreme Court  ABCAUS Case Law Citation:1050 (2016) (11) ITAT The Grievance:In the instant case both Revenue and the assessee were aggrieved by the order of learned …

Public offer made under SEBI takeover regulations cannot be withdrawn. Mere Delay by SEBI, alienation of assets by Board no ground for withdrawal-SC

Public offer made under SEBI takeover regulations cannot be withdrawn. Mere Delay by SEBI, alienation of assets by Board no ground for withdrawal-Supreme Court ABCAUS Case Law Citation: 1048 (2016) (11) SC The Grievance: This appeal was preferred under Section 15 Z of the Securities and Exchange Board …