Advocate Act , 1961
S.7:Code of ethics – Dishonest practice – For misrepresentations before the Court, which should under any and all circumstances be dealt with the iron hand of the judiciary with zero tolerance for such blatantly unethical and mala-fide behaviour- Exemplary cost of Rs 10 lakh was to be paid to plaintiffs [ Contempt Courts Act , 1971 ]
Digest of case laws
Online digest of latest case laws
This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
Click here to download the pdf versions of the Digest of case laws Adjournment –Delay in filing affidavit of reply – Cost of Rs.4 , 50,000 / was levied .
Ram Nagar Trust No. 1 v. Mehtab L. Sheikh (Bom)(HC) , www.itatonline.orgCentral Goods and Service Tax Act , 2017
GST Network: The regime is not tax friendly.
Service tax – Finance Act, 1994
S.65:Service-tax on maintenance of property-Under the MOFA, the builder/ developer is under a statutory obligation to look after the day-to-day upkeep, maintenance and repair of the property till conveyance to the co-op society. Such maintenance of the structure is not rendering a taxable service as per S. 65 (64) of the Finance Act, 1994
Interpretation of taxing statutes — Beneficial Provision — Retrospective application.
CIT v. Manoj Kumar Singh. (2018) 402 ITR 238/ 303 CTR 294/ 167 DTR 179 (All) (HC)Interpretation of taxing statutes — Similarity in language used in provisions.
CIT v. Swapna Enterprise (2018) 401 ITR 488 / 253 Taxman 531 /166 DTR 51/ 302 CTR 504 (Guj) (HC)Interpretation of taxing statutes — Presumption of prospectivity of statute- Machinery provisions .
CIT v. Essar Teleholdings Ltd. (2018) 401 ITR 445 (SC) (HC)Interpretation – Binding precedent -. Interpretations given by High Courts and Tribunals cannot be ignored by the Assessing Officers
Bajaj Auto Finance Ltd. v. CIT( 2018) 404 ITR 564/166 DTR 379 (Bom)(HC) , www.itatonline.orgWealth –tax Act, 1957 –Finance Act 1983
S. 40(3) :Levy of wealth tax on land and building which is not used for the purpose of business was held to be valid – Parliament has legislative competence to tax land and buildings which are in List-II of the 7th Schedule and whether the classification of “companies in which the public are not substantially interested” is neither arbitrary nor violative of Article 14 of the Constitution of India . [ Art 14 ]
Wealth-tax Act, 1957
S. 7:Net Wealth — Vehicle funded by and maintained on behalf of Principal foreign company was held to be not included in net Wealth of Assessee -Principle of consistency was followed .[S.2(m) ]