All Tribunals Case Commentaries

Transfer Validity and Expense Deductibility in Capital Gains: The ACIT, Kota v. MK Ijyaraj Singh Ji Precedent

Date: Jun 19, 2020

Transfer Validity and Expense Deductibility in Capital Gains: The ACIT, Kota v. MK Ijyaraj Singh Ji Precedent Introduction The case of Assistant Commissioner of Income Tax, Circle-2, Kota v. MK...

NCLAT Sets Aside Section 7 Admission Due to Procedural Lapses and Mandates Re-examination of OTS

Date: Jun 19, 2020

NCLAT Sets Aside Section 7 Admission Due to Procedural Lapses and Mandates Re-examination of OTS Introduction The case of Sandeep Kumar Bhagat v. Punjab National Bank adjudicated by the National...

CERC's Landmark Decision on REC Floor and Forbearance Prices: Comprehensive Analysis

Date: Jun 18, 2020

CERC's Landmark Decision on REC Floor and Forbearance Prices: Comprehensive Analysis Introduction On June 17, 2020, the Central Electricity Regulatory Commission (CERC) issued a pivotal order titled...

Clarity in Penalty Notices under Section 271B: ITAT Guwahati's Landmark Judgment

Date: Jun 18, 2020

Clarity in Penalty Notices under Section 271B: ITAT Guwahati's Landmark Judgment Introduction The case of North Eastern Constructions, Dibrugarh v. Income Tax Officer, Ward-1(2), Dibrugarh delivered...

Adherence to DRP Directions and Validity of Ad Hoc Disallowances in Income Tax Assessments: Insights from PWCPL v. ACIT, ITAT Kolkata

Date: Jun 18, 2020

Adherence to DRP Directions and Validity of Ad Hoc Disallowances in Income Tax Assessments: Insights from PWCPL v. ACIT, ITAT Kolkata Introduction The case of M/s. Pricewaterhouse Coopers Private...

Clarification on Section 36(1)(viii) Deductions and Section 43B Implications in Housing Finance: Insights from DCIT Corporate Circle 5(1), Chennai v. Repco Home Finance

Date: Jun 18, 2020

Clarification on Section 36(1)(viii) Deductions and Section 43B Implications in Housing Finance: Insights from DCIT Corporate Circle 5(1), Chennai v. Repco Home Finance Introduction The case of DCIT...

ICICI Bank Ltd. v. Bheru Lal Gurjar: Affirmation of Recovery Rights through Hypothecated Asset Realization

Date: Jun 18, 2020

ICICI Bank Ltd. v. Bheru Lal Gurjar: Affirmation of Recovery Rights through Hypothecated Asset Realization Introduction The case of ICICI Bank Limited v. Bheru Lal Gurjar was adjudicated by the Debts...

Shagun Jewellers vs. ACIT: Clarifying Burden of Proof under Section 68 of the Income Tax Act

Date: Jun 17, 2020

Shagun Jewellers vs. ACIT: Clarifying Burden of Proof under Section 68 of the Income Tax Act Introduction The case of Shagun Jewellers Pvt. Ltd., New Delhi v. Assistant Commissioner of Income Tax...

Sufficiency of Enquiry by Assessing Officer under Section 263 Affirmed

Date: Jun 16, 2020

Sufficiency of Enquiry by Assessing Officer under Section 263 Affirmed Introduction The case of Shailesh Kumar Gandhi vs. Principal Commissioner of Income Tax (Pr. CIT), Cuttack adjudicated by the...

Strict Enforcement of Limitation Period in Consumer Insurance Claims: New India Assurance Ltd. v. Aasha Devi & Anr.

Date: Jun 16, 2020

Strict Enforcement of Limitation Period in Consumer Insurance Claims: New India Assurance Ltd. v. Aasha Devi & Anr. Introduction The case of New India Assurance Company Ltd. v. Aasha Devi & Anr....

Clarification on Operational Debt Admittance Under Section 5(21) in CIRP: Bijay Pratap Singh v. Unimax International

Date: Jun 16, 2020

Clarification on Operational Debt Admittance Under Section 5(21) in CIRP Introduction The case of Bijay Pratap Singh v. Unimax International was adjudicated by the National Company Law Appellate...

Educational Institutions Not Service Providers under the Consumer Protection Act: Analysis of M.P. Singh Rathore v. Little Flowers Public School

Date: Jun 16, 2020

Educational Institutions Not Service Providers under the Consumer Protection Act: Analysis of M.P. Singh Rathore v. Little Flowers Public School Introduction The case of M.P. Singh Rathore v. Little...

Reaffirmation of Consumer Rights in Real Estate Transactions: Multiple Unit Purchases for Family Use

Date: Jun 16, 2020

Reaffirmation of Consumer Rights in Real Estate Transactions: Multiple Unit Purchases for Family Use Introduction In the case of Rajeev Kumar Singh v. Jai Prakash Associates Ltd. & Anr., adjudicated...

Comprehensive Commentary on Power Grid Corporation Of India Limited v. Bihar State Power Company Ltd. and Others

Date: Jun 13, 2020

Comprehensive Commentary on Power Grid Corporation Of India Limited v. Bihar State Power Company Ltd. And Others Introduction The case of Power Grid Corporation Of India Limited, Saudamini v. Bihar...

Strict Compliance with CBDT Instructions in Converting Limited Scrutiny to Complete Scrutiny: Insights from Dev Milk Foods Pvt Ltd. v. ACIT

Date: Jun 13, 2020

Strict Compliance with CBDT Instructions in Converting Limited Scrutiny to Complete Scrutiny: Insights from Dev Milk Foods Pvt Limited v. ACIT 1. Introduction The case of Dev Milk Foods Pvt Limited,...

Impact of Omission of Section 92BA(i) on Revisional Jurisdiction under Section 263 of the Income Tax Act: Insights from Raipur Steel Casting India Pvt. Ltd. vs Pr.CIT-5, Kolkata

Date: Jun 11, 2020

Impact of Omission of Section 92BA(i) on Revisional Jurisdiction under Section 263 of the Income Tax Act: Insights from Raipur Steel Casting India Pvt. Ltd. vs Pr.CIT-5, Kolkata Introduction The case...

Exemption of Statutory Authorities from Service Tax: Karnataka Industrial Areas Development Board v. Commissioner Of Central Tax

Date: Jun 10, 2020

Exemption of Statutory Authorities from Service Tax: Karnataka Industrial Areas Development Board v. Commissioner Of Central Tax Introduction The case of Karnataka Industrial Areas Development Board...

Clarifying the Application of Section 115BBE: Insights from Assistant Commissioner Of Income Tax, Alwar v. Sudesh Kumar Gupta

Date: Jun 10, 2020

Clarifying the Application of Section 115BBE: Insights from Assistant Commissioner Of Income Tax, Alwar v. Sudesh Kumar Gupta Introduction The case of Assistant Commissioner Of Income Tax, Alwar 1...

NCLT Upholds Commercial Wisdom Doctrine in Approval of Aircel Group's Restructuring Plan under IBC

Date: Jun 10, 2020

NCLT Upholds Commercial Wisdom Doctrine in Approval of Aircel Group's Restructuring Plan under IBC Introduction The "Aircel Limited, In Re" case, adjudicated by the National Company Law Tribunal...

Enforcement of Arbitration Agreements Within Insolvency Proceedings: Indus Biotech vs. Kotak India Venture Fund-I

Date: Jun 10, 2020

Enforcement of Arbitration Agreements Within Insolvency Proceedings: Indus Biotech vs. Kotak India Venture Fund-I Introduction The judgment in Indus Biotech Private Limited v. Kotak India Venture...