Category Archives: Judgements

Encashment of bank guarantee doesn’t amount to payment of duty: Madras HC

By | October 7, 2016

HIGH COURT OF MADRAS Nizamabad Agro (P.) Ltd. v. Assistant Commissioner of Customs -EODC T.S. SIVAGNANAM, J. W.P. NO. 27525 OF 2016 AUGUST  30, 2016 S. Murugappan for the Petitioner. Rajkumar Jhabakh, Senior Standing Counsel for the Respondent. ORDER 1. Heard Mr.S.Murugappan, learned counsel appearing for the petitioner and Mr.Rajkumar Jhabakh, learned Senior Standing Counsel… Read More »

Financial inability to pay is Sufficient cause to seek condonation of delay: HC

By | October 7, 2016

HIGH COURT OF KARNATAKA Concept Hydro Pneumatic (P.) Ltd. v. Commissioner of Central Excise, Bangalore II Commissionerate JAYANT PATEL AND S.N. SATYANARAYANA, JJ. CENTRAL EXCISE APPEAL NO. 1 OF 2016 AUGUST  24, 2016 R. Dakshina Murthy, Adv. for the Appellant. K.V. Aravind, Standing Counsel for the Respondent. JUDGMENT   Jayant Patel J. – Admit. 2.… Read More »

Uniform allowance not available if no uniform prescribed by employer

By | September 23, 2016

HIGH COURT OF GUJARAT Oil & Natural Gas Corporation Ltd. v. Assistant Commissioner of Income-tax (TDS) AKIL KURESHI AND A.J. SHASTRI, JJ. TAX APPEAL NOS. 368 AND 371 OF 2016 SEPTEMBER  15, 2016 Vankatraman, LD. Senior Advocate, Akshat Khare and Mrs. Suman Khare, Advocates for the Appellant. Manish Bhatt, LD. Senior Advocate and Mrs. Mauna… Read More »

Foreign trip expenses of Doctors & their spouses by Pharma Co Disallowed

By | September 14, 2016

IN THE ITAT MUMBAI BENCH ‘A’ Assistant Commissioner of Income-tax, Circle 6 (3), Mumbai v. Liva Healthcare Ltd. MAHAVIR SINGH, JUDICIAL MEMBER AND RAMIT KOCHAR, ACCOUNTANT MEMBER IT APPEAL NOS. 904, 945 (MUM.) OF 2013 [ASSESSMENT YEAR 2009-10] SEPTEMBER  12, 2016 A. Ramachandran for the Appellant. B.V. Jhaveri for the Respondent. ORDER   Ramit Kochar,… Read More »

CA held guilty of Misconduct for threatening letter to recover fees from client

By | September 14, 2016

HIGH COURT OF DELHI Council of the Institute of Chartered Accountants of India v. Mahesh Kumar Gupta PRADEEP NANDRAJOG AND MS. PRATIBHA RANI, JJ. CHAT.A.REF. NO. 2 OF 2012 AUGUST  12, 2016 Rakesh Aggarwal and Pulkit Agarwal, Advs. for the Petitioner. ORDER Pradeep Nandrajog, J. – The reference made to this Court by the Institute… Read More »

Territorial jurisdiction issue can’t be raised after 30 days issuance of reassessment notice

By | September 12, 2016

Held Section 124(3) stipulates a bar to any contention about lack of jurisdiction of an AO. It is not as if the provisions of the Act disable an assessee from contending that in the given circumstances the AO lacks jurisdiction; rather Section 124(3) limits the availability of those options at the threshold. The assessee upon… Read More »

CA held guilty of misconduct for not providing Service after receiving Rs 2.5 Lakh As advance Fees

By | September 12, 2016

HIGH COURT OF DELHI Council of the Institute of Chartered Accountants of India v. Rakesh Verma PRADEEP NANDRAJOG AND MS. PRATIBHA RANI, JJ. CHAT.A.REF. NO. 5 OF 2011 AUGUST  8, 2016 Rakesh Agarwal and Pulkit Agarwal, Advs. for the Petitioner. Ms. Isha Jha, Adv. for the Respondent. ORDER Pradeep Nandrajog, J. – Ms. Isha Jha,… Read More »