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COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) vs BHARTI AIRTEL LIMITED (Supreme Court)
Supreme Court: Condonation of Delay A decision was taken by the Department not to file an appeal against the impugned order of the ITAT. It was only after coming to know that in the case of M/s Vodafone South Limited, the ITAT, Bangalore Bench had given a decision in favour of the Department that as an afterthought… Read More ...
THE COMMISSIONER OF INCOME TAX vs GE INDIA TECHNOLOGY CENTRE PRIVATE LIMITED ETC (Supreme Court)
Supreme Court: A bench of Justices BR Gavai, BV Nagarathna and Pankaj Mithal rejected a batch of review petitions filed by the Commissioner of Income Tax both on merits as well as on the grounds of delay. This means tax liability of foreign software seller without a permanent establishment in India would reduce to the 2% equalisation… Read More ...
M/s Royal Drinks Vs Income Tax Officer (ITAT Nagpur)
Income Tax Appellate Tribunal Pune Bench: Interest on Taxes not to be disallowed under section 43B of the income tax act. In the absence of statutory provisions under the income tax Act that is in absence of specific entry under clause (a) of section 43B of the income tax Act, the interest liability incurred by the assessee on account of delay… Read More ...
The Income Tax Officer vs. Rajendra Prasad Vaish (Rajasthan High Court)
Rajasthan High Court: 276CC. Failure to furnish returns of income. For bringing home the charge against the accused for his conviction under Section 276CC of the Act of 1961, it is essential on the part of the Income Tax Department to prove that there was willful attempt to evade any tax, penalty or interest chargeable. In the absence… Read More ...
Ram Kotumal Issrani vs. Directorate of Enforcement (Bombay High Court)
Bombay High Court: Statement of persons summoned should necessarily be recorded during earthly hours. ED should issue a circular/directions, as to the timings, for recording of statements, when summons under Section 50 of the PMLA (i) A person summoned under Section 50 of the PMLA, should have his statement necessarily recorded during earthly hours, as the investigating agency… Read More ...
M/S LEASE PLAN INDIA PRIVATE LIMITED vs. M/S RUDRAKSH PHARMA DISTRIBUTOR (Delhi High Court)
Delhi High Court: Service by email and WhatsApp is sufficient (i) It is clear that the respondents have been duly served by email and WhatsApp. It may be noted that the email address and the mobile number of the respondents is mentioned in the Agreement itself. The affidavit of service affirmed by the authorised representative/legal counsel of the… Read More ...
Cardinal Energy and Infra Structure Private Ltd. v. Subramanya Construction and Development Co. Ltd. (Bombay High Court)
Bombay High Court: The issue before the Bombay High Court was whether an Arbitral Tribunal can implead parties who were non-signatories to the Arbitration Agreement, without such a power being expressly endowed upon it by the Referral Court at the time of reference of the disputes to arbitration. After noting the judgements of the Delhi High Court in… Read More ...
PHR INVENT EDUCATIONAL SOCIETY VERSUS UCO BANK (Supreme Court)
Supreme Court: Exceptions when a petition under Article 226 of the Constitution could be entertained in spite of availability of an alternative remedy (1) The Supreme Court has clearly held that the High Court will ordinarily not entertain a petition under Article 226 of the Constitution if an effective remedy is available to the aggrieved person. It… Read More ...
Pankaj Kailash Agarwal v. ACIT (Bombay High Court)
Bombay High Court: Requiring an assessee to pay more tax by denying deduction under Section 80-IC of the Act would be a case of ‘genuine hardship’ for the purpose of section 119(2)(b) of the Act. The power to condone the delay has been conferred to enable the authorities to do substantial justice and the authorities are expected to… Read More ...
PATHAPATI SUBBA REDDY (DIED) BY L.Rs. VERSUS THE SPECIAL DEPUTY COLLECTOR (LA) (Supreme Court)
Supreme Court: Condonation of delay On a harmonious consideration of the provisions of the limitation law and the law laid down by the Supreme Court, it is evident that: (i) Law of limitation is based upon public policy that there should be an end to litigation by forfeiting the right to remedy rather than the right itself;… Read More ...