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Shri Vijay Kumar Wanchoo v. ITO Ward 2(5), NOIDA, UP

ITAT Delhi Benches 'SMC 2': Where the assessee sold in AY 2009-10 by two different registered transfer deeds, two flats which were used as residence by amalgamating both into one single unit and invested the capital gains in one new residential house, exemption u/s 54 could not be denied. Relying on ITAT Mumbai's order in DCIT v. Ranjit Vithaldas in… Read More ...

Parle International Limited Vs Union of India & Ors

Bombay High Court : Parle International Limited Vs Union of India WritPetition No 12904 of 2019 Bombay High court Date-26/11/2020 Sub: Delayed adjudication of the show-cause notices after 13 years would not be just, proper and legal? The Bombay high court in the above case dealing with an order in original which was passed in the year 2019 in… Read More ...

Ms Kangana Ranaut Vs Municipal Corporation of Greater Mumbai(MCGM)

Bombay High Court : Ms Kangana Ranaut Vs Municipal Corporation of Greater Mumbai (MCGM) Date -27/11/2020 Sub:Malafide, malice in law and malice in fact explained. Bombay High Court A classic case where the MCGM was bowled out on several ocassions with false affidavit by its officer who authorised demolition at the bungalow of Kangana Ranaut. This judgement in details… Read More ...

Madras Bar Association Vs Union of India & Another

Supreme Court of India: Landmark Ruling of the Apex Court today on 27-11-2020 in the case of Madras Bar Association Vs Union of India & Another which will directly affect the functioning of the following Tribunals:- * Industrial Tribunal constituted by the Central Government * Income-Tax Appellate Tribunal * Customs, Excise and Service Tax Appellate Tribunal * Appellate Tribunal.… Read More ...

M/s Tamilnadu State Marketing Corporation Limited Vs Union of Indira and others

Supreme Court of India : M/s Tamil Nadu State Marketing Corporation Ltd. Versus Union of India and others CIVIL APPEAL NO. 3821 OF 2020 (Arising from S.L.P.(Civil) No.10613/2020) Forum-Supreme Court of India Sub-Ultra Vires of Section 40(a)(iib) challenged before High court-not entertained by High court- held by Supreme Court to be not sustainable. The State Government undertaking in the above… Read More ...

CHIEF EXECUTIVE OFFICER AND VICE CHAIRMAN GUJARAT MARITIME BOARD-Vs- ASIATIC STEEL INDUSTRIES LTD AND ORS.

Supreme Court of India : Chief Executive Officer, Gujarat Maritime Board Vs Asiatic Steel Industries and others Court- Supreme Court of India Date-24/11/2020 Sub: lackadaisical attitude of the Government authorities in functioning-Grant of interest on refund claimed by the respondent Asiatic steel due to not being able to execute the ship breaking work due to fault of the Board. The… Read More ...

Tata Teleservices Limited Vs Pr CIT

Delhi High Court : *Tata Teleservices Limited Vs The Pr CIT & Another* *Court- Delhi High Court* *Date-19/11/2020* *Sub- Claim of refund out of ad hoc payment made towards 20% of demand for a number of years , pursuant to favourable decision in some of the years * The Delhi High court in the above was dealing with a… Read More ...

S K Srivastava, IRS (Retd) Vs CBI & Another

Allahabad High Court: Case:S K Srivastava, IRS(Retd) Vs CBI & Ors Court-Allahabad High Court Date-04/11/2020 Sub: Charges against the Commissioner (Appeals) u/s 120B and 420 of IPC and 482 of CrPC for various acts including antedating of 13 orders as well as deciding appeals which were not within his jurisdiction in collusion with a Chartered Accountant. The Allahabad… Read More ...

UNITY INDUSTRIES V ITO (ITAT )

ITAT BANGALORE - SMC BENCH: Whether the AO can resort to rectification under section 154 to make a disallowance u/s 40A(3) when the order under section 143(3) has been passed after due scrutiny of accounts. Held NO Whether the amendment to Rule 6DD(j) which provided for residual exceptional cases from 1995 onwards has resulted in making the plea of commercial… Read More ...

Armoury International Vs.Asst. CIT 21(3)

ITAT Mumbai A Bench: When the return of income and the assessed income are same, the machinery provision for levy of penalty u/s. 271(1)(c) fails, as the penalty u/s. 271(1)(c) is levied with reference to the tax sought to be evaded, which is the difference between the income returned and that assessed by the A.O. The Hon'ble Delhi High… Read More ...