In the famous case of Golaknath V. State Of Punjab, in the year 1967 the Court ruled that Parliament could not curtail any of the Fundamental Rights in the Constitution. Beginning with its ruling in GOLAKNATH, the Court developed jurisprudence aro..
In a landmark judgment, the High Court of Australia has overturned a long standing line of authority on the scope of the duty of care under New South Wales OHS legislation. The case has brought New South Wales more into line with other Australian jur..
In respect of AY 2003-04, the assessee had an unit in Chennai which was engaged in software development and whose profits were eligible for deduction u/s 10A. The assessee had another unit in Delhi which was engaged in trading and had suffered a loss..
the issue of determining arm’s length price (ALP) of royalty paid by the Taxpayer to its associated enterprise for distribution of software products in India. The ITAT held that the disallowance made by the Transfer Pricing Officer (TPO) to the royal..
The High Court has no power to condone delay in filing appeal. S.5 of the Limitation Act, 1963 was not applicable in appeals filed under s.260A. ..
S. 2 (24) (x) provides that amounts received by an assessee from employees towards PF contributions etc shall be “income”. S. 36 (1) (va) provides that if such sums are contributed to the employees account in the relevant fund on or before the due da..
RBI’s approval does not put a seal of approval on true character of a transaction from perspective of transfer pricing regulation, Lending or borrowing money between two associated enterprises come within the ambit of international transaction an..
Recourse to the power under Section 147 cannot be sustained on a mere change of opinion where there is no failure of the assessee to disclose fully and truly, all material facts necessary for assessment...
It is not the requirement of law that the income assessable should be in the hands of a person who is neither the legal owner nor the beneficial owner. Even if the land is owned by the shareholders, since the super structure constructed by the Compan..
The appeal had been admitted to examine the following question of law : (1) Whether, the Tribunal was correct in holding that the Assessing officer had to record his reasons and based on those reasons form his opinion that the income has escaped a..
Executive Summary: - In absence of Supreme Court’s order staying operations of High Court’s judgment relating to levy of service on renting of immovable property, Revenue Department could not instruct its officers to pursue the matter with tax payers..
The Supreme Court has ruled that it is mandatory for the Income Tax Department to issue notice within the prescribed time limit of one year where the assessing officer in repudiation of the block return filed by the assessee proceeds for an inquiry...
The employee was terminated without holding any enquiry taking the benefit of article 311 (2) of constitution by State of UP stating that it is near to impossible to hold such an employee and his immediate termination is in the interest of State. App..
Rani Tahelramani filed a case under the Domestic Violence Act against her doctor husband Anup Vidhani. She also sought maintenance from her husband, but the magistrate declined her petition. When the proceedings dragged on, she appealed in the sessio..
* The Taxpayer, a company incorporated in India, was engaged in the business of designing and developing technology-enabled business transformation solutions and providing business consulting, systems integration services and software solutions a..
In order to make an addition on the basis of surrender during search or survey, it is sine qua non that there should be some other material to co-relate the undisclosed income with such statement. ..
he Bombay High Court held that the writ petition, which was lacking in particulars relating to the constitutional challenge, was not the appropriate remedy for the petitioner, who, along with a member of the Stock Exchange, had traded in the shares o..
Rule 5 of the Settlement Commission Procedure Rules provides that the settlement application shall be presented in the form no.34(b), which provides that alongwith the application there should be confidential information in the annexure. Rule 6 provi..
In cases where a taxpayer has not been provided an opportunity of being heard by the Transfer Pricing Officer, the taxpayer is entitled to raise all objections and furnish necessary evidence to the Dispute Resolution Panel (DRP). The DRP has to pass ..
1. A scheme of amalgamation was filed before the Delhi High Court for merger of 15 subsidiary companies with the parent company, Delhi Towers Limited under section 394 of the Companies Act, 1956 (Companies Act). 2. The scheme was approved by ..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
