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Bombay High Court Dismisses Section 34 Challenge to Arbitral Award in Partnership Dispute — Upholds Award of Rs. 7.39 Crore with Interest. Limitation plea rejected as claim was within time; quantification not perverse.

The judgment concerns a Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award ...

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Gujarat High Court Partly Allows Insurance Company's Appeal Reducing Compensation in Motor Accident Claim Due to Incorrect Deduction of Personal Expenses and Multiplier. Parents' Claim for Enhanced Compensation Dismissed as Tribunal's Award Modified to Rs.38,90,000 with 7.5% Interest.

The present appeal arises from a motor accident claim petition filed by the parents of the deceased, Maheshbhai, who died in a road accident on 19.09....

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Bus Driver — Act of God Defence Rejected. Tribunal's finding of no negligence reversed; bus driver held negligent for sudden lane change causing accident.

The appeal arises from a motor accident claim filed by Rajesh Shantilal Sejpal (since deceased, represented by legal heirs) under Section 173 of the M...

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Bombay High Court Allows Petition for Section 54 Exemption on Purchase of House in USA — Amendment by Finance (No.2) Act 2014 Not Retrospective. The Court held that the amendment restricting exemption to investment in India is prospective and does not apply to transfers before 1st April 2015.

The petitioner, Hemant Dinkar Kandlur, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging a...

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High Court of Karnataka Partly Allows BMTC Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased Motorcyclist. Liability Apportioned Equally Between BMTC and Deceased, Compensation Reduced to Rs.39,55,000/- with 6% Interest.

The appeal was filed by the Bangalore Metropolitan Transport Corporation (BMTC) challenging the judgment and award dated 17.09.2016 passed by the IX A...

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Supreme Court Dismisses Assessee's Appeal in MODVAT Credit Deduction Case Under Section 43B of Income Tax Act. Unutilised MODVAT Credit and Sales Tax Recoverable Account Not Allowable as Deduction Without Actual Payment of Excise Duty Liability.

The Supreme Court dismissed appeals by Maruti Suzuki India Ltd. against the Delhi High Court judgment dated 07.12.2017, which upheld the disallowance ...

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Bombay High Court Allows Assessee's Appeals on Cenvat Credit for Inputs Used in Exempted Goods, Partially Allows Revenue's Appeals on Education Cess. Tractors are exempted goods despite education cess, but separate accounts are required under Rule 6 of Cenvat Credit Rules, 2004.

The judgment concerns multiple appeals filed by M/s. Mahindra & Mahindra Ltd. (Assessee) and the Commissioner of Central Excise (Revenue) against a co...

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Bombay High Court Allows Appeal in Income Tax Case: Investment in Shares of Private Company for Acquiring Control Held as Capital Asset, Not Stock-in-Trade. Shares held for 31 months with transfer restrictions cannot be treated as trading asset under Income Tax Act, 1961.

The appellant, Accra Investments Private Ltd., filed an appeal under Section 260A of the Income Tax Act, 1961 against the order dated 25 April 2012 of...

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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation Due to Error in Dependency Calculation. Gross Salary Must Be Considered for Computing Loss of Dependency Under Motor Vehicles Act, 1988, Not Take-Home Salary.

This appeal arises from a judgment and award dated 4.8.2008 passed by the Motor Accident Claims Tribunal, Wardha, in M.A.C.P. No.35/2005, whereby the ...

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Supreme Court Allows Appeal in Bonus Calculation Dispute Involving Subsidiary Company. Service Fee Payment Under Technical Aid Agreement Held to Be Legitimate Expenditure, and Deduction of Bonus as Prior Charge Before Depreciation and Tax Ruled Improper Under Industrial Disputes Act, 1947.

The dispute arose out of a claim for bonus by the workmen of Crompton Parkinson (Works) Private Ltd., Bombay, which was initially a wholly-owned subsi...