Judgements and Orders, Supreme Court and High courts of India

What constitutes ‘income from business’ and ‘income from other sources’?

Guest 11 May 2021 at 12:26

These are cross appeals directed against the order of the Learned Commissioner of Income Tax (Appeals)-11, Kolkata [hereinafter the “CIT(A)”], passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dated 31.07.2019 for the Assessment Year 2007-08.

Posted in Income Tax | 133 Views

Issue raised by Revenue in giving partial relief to the assessee by deleting partly the excess stock found during the survey, which the AO has added; and the GP on it

Guest 11 May 2021 at 12:26

This is an appeal preferred by the Revenue and the cross objection filed by the assessee against the order of Ld. CIT(A)-3, Kolkata dated 08.11.20219 for Assessment year 2016-17.

Posted in Income Tax | 74 Views

Mismatch in the amount paid to related persons u/s 40A(2)(b) reported in Audit Report and ITR

Guest 10 May 2021 at 11:34

This appeal filed by the assessee is directed against the order of the Learned Principal Commissioner of Income Tax (Appeals) - 2, (hereinafter the “ld. CIT(A)”), passed u/s. 263 of the Income Tax Act, 1961 (the ‘Act’), dt. 20/03/2020, for the Assess

Posted in Income Tax | 124 Views

Notice u/s 143(2) of the Act, issued by an AO who has no jurisdiction over the assessee, is bad in law and void-ab-initio

Guest 10 May 2021 at 11:34

This appeal filed by the assessee is directed against the order of the Learned Commissioner of Income Tax (Appeals) - 7, (hereinafter the “ld. CIT(A)”), passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 28/03/2018, for the Assessment Year

Posted in Income Tax | 146 Views

Can a manufacturer, who does not manufacture excisable products be construed as an “Assessee” under the Central Excise Act, 1944?

Guest 10 May 2021 at 11:34

By this petition filed under Article 226 of the Constitution of India, 1950, the Petitioner is challenging notices dated 29th / 30th January, 2008, 17th October, 2008 and 14th May, 2009 by which the Respondent No. 2 purports to prohibit and/or restra

Posted in LAW | 167 Views

The Arbitration and Conciliation Act, 1996 does not exclude any category of dispute – Civil or Commercial – from Arbitrability

Guest 10 May 2021 at 11:34

By this Writ Petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has impugned the order dated 19th January, 2021 passed by the learned Arbitrator dismissing the Application filed by the petitioner under Section 16 o

Posted in LAW | 253 Views

Bombay Aafreen Fatima Fazal Abbas Sayad Vs Assisstant Commissioner of Income Tax,Circle 23 (1) and ANR Justic S.P.Deshmukh

Guest 10 May 2021 at 11:34

This petition has been filed under article 226 of the Constitution of India, 1950, whereby Petitioner is challenging the order dated 12 February 2021 passed by the Respondent No. 2- Principal Commissioner of Income Tax, rejecting the revision petitio

Posted in LAW | 215 Views

Whether nexus is required between ITC and Output tax liability

Bimal Jain 10 May 2021 at 10:20

The AAR, Gujarat in the matter of M/s. Aristo Bullion Pvt. Ltd. [Advance Ruling No. GUJ/GAAR/R/15/2021, dated January 27, 2021] has held that Bullion trader cannot use the Input Tax Credit ("ITC") balance available in the electronic credit ledger leg

Posted in GST | 128 Views

What should be the withholding rate of tax in respect of dividend?

Guest 10 May 2021 at 10:20

The moot issue, which arises for consideration, in the captioned writ petitions is: as to what should be the withholding rate of tax in respect of dividend?

Posted in LAW | 159 Views

Appellant claims that the Liquidator instead of reviving the Company through Settlement sought to close the business of the Company

Guest 10 May 2021 at 10:20

The Company Appeal (AT) (Ins.) No. 875 of 2019 relates to Liquidation Proceedings against Corporate Debtor M/s. Hind Motors India Limited. The Appellant is promoter and director of the said Company. It is stated that the Company was engaged in sale a

Posted in LAW | 171 Views