Category Archives: Judgements

Compounding for delay in appointment of women director

By | September 12, 2016

NCLT Compounding for delay in appointment of women director Company was supposed to appoint woman  director by 31.12.2014  but  appointed only  in March  2016 after  a delay of 14 months, thus violating Sec.149 of CA 2013 and attracting punishment prescribed u/s 172 of the  Act.  ROC initiated criminal proceedings u/s 251 of CrPC read with Sec.450… Read More »

CA held guilty of professional misconduct for non-detection of fraud in concurrent audit : HC

By | September 7, 2016

Buy Chartered Accountant Act HIGH COURT OF DELHI Council of Institute of Chartered Accountants of India v. Uma Shankar Jha PRADEEP NANDRAJOG AND MS. PRATIBHA RANI, JJ. CHAT. A. REF. NO. 1 OF 2012 AUGUST  11, 2016 Rakesh Aggarwal and Pulkit Aggarwal, Advs. for the Petitioner. ORDER Pradeep Nandrajog, J. – This is a reference… Read More »

Club membership fee paid for employee is admissible business expenditure

By | August 1, 2016

IN THE ITAT MUMBAI BENCH ‘F’ Foods and Inns Ltd. v. Assistant Commissioner of Income-tax, Circle 10(2), Mumbai JASON P. BOAZ, ACCOUNTANT MEMBER AND SANDEEP GOSAIN, JUDICIAL MEMBER IT APPEAL NOS. 1262/MUM/2011, 6629/MUM./2012 & 6271/MUM./2014 [ASSESSMENT YEARS 2007-08, 2009-10 & 2010-11] JUNE  7, 2016 Keshav B. Bhujle for the Appellant. G.M. Doss and S.R. Kirtane… Read More »

High Court can’t direct CIT(A) to condone the delay beyond condonation power of CIT(A)

By | July 30, 2016

Held Section 85 of the Finance Act, is similar to Section 128 of the Customs Act, 1962; Section 34(3) of the Arbitration and Conciliation Act, 1996; Section 125 of the Electricity Act, 2003; Section 35-G of the Central Excise Act, 1944 and the statutes referred to above, are self contained Acts and codes by themselves.… Read More »

CA can’t be said to be deemed in practice if only running coaching classes for CA Students

By | July 29, 2016

HIGH COURT OF DELHI Harpal Singh Dhingra v. Vinod Gupta SANJEEV SACHDEVA, J. CONT.CAS(C) 657 & C.M. NO. 19762 OF 2016 JULY  26, 2016 Vishwas Ahuja for the Appellant. Ashish Makhija for the Respondent. JUDGMENT 1. On 23.05.2016, this petition as directed to be listed on 01.12.2016 alongwith the connected Writ Petition. In the Writ… Read More »

Personal properties of directors can’t be attached to recover sales tax due of company : HC

By | July 28, 2016

HIGH COURT OF GUJARAT Different Solution Marketing (P.) Ltd. v. Assistant Commissioner of Commercial Taxes AKIL KURESHI AND A.J. SHASTRI, JJ. SPECIAL CIVIL APPLICATION NO. 19949 OF 2015 JUNE  30, 2016 Sikandar M. Pathan, Advocate for the Petitioner. Jirga Zaveri, Asstt. Govt. Pleader for the Respondent. JUDGMENT Akil Kureshi, J. – Leave to delete petitioner… Read More »

VAT exemption to liquor dealers can’t be availed by Bars in Karnatka :HC

By | July 26, 2016

Held The basic distinction is that the one who is dealer in liquor and wine is selling the liquor or wine or beer or fenny in the same packing of bottle as being manufactured by the manufacturing company. Whereas, the person holding C.L.9 licence, for vending in bar or bar and restaurant, is providing liquor… Read More »

No attachment of Bank account of Son to recover sales tax dues who is acting agent of mother

By | July 26, 2016

Held In our view, it was an admitted position that the petitioner represented M/s. JSS Enterprises in capacity as the power of attorney holder, as per the Contract Act and the capacity of the petitioner was as that of the agent and the principal was his mother who was the Proprietor of M/s.JSS Enterprises. In… Read More »

SCN can’t allege suppression when facts were known to department

By | July 26, 2016

CESTAT, CHENNAI BENCH Ishvarya Publicities (P.) Ltd. v. Commissioner of Service Tax, Chennai-II P.K. CHOUDHARY, JUDICIAL MEMBER FINAL ORDER NO. 40864/2016 APPEAL NO. ST/42102/2015 MAY  31, 2016 M. Karthikeyan, Adv. for the Appellant. K. Veerabhadra Reddy, JC (AR) for the Respondent. ORDER 1. M/s. Ishvarya Publicities Pvt. Ltd. are engaged in the business relating to… Read More »