News Muncher - searching for act - category section 14a

The Delhi Bench of Income Tax Appellate Tribunal has held that bank charges and bank guarantee charges do not partake in the character of interest and had been wrongly included as interest while making disallowance under section 14A of the Income Tax Act.The bench of G.S.Pannu and Kul Bharat has observed that the assessee had disallowed the. The Delhi Bench …

No Disallowance Under Section 14A Of Income Tax Act Is Warranted In Respect Of Investments Not Yielding Tax Free Income: ITAT

The Mumbai Bench of Income Tax Appellate Tribunal has held that disallowance has to be worked out on the basis of investment which yielded dividend during the year and not by factoring in the total amount of investment.The bench of Amit Shukla and Renu Jauhri has observed that no disallowance under section 14A of the Income Tax Act is warranted. …

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Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

The Delhi Bench of the Income Tax Appellate Tribunal has held that the disallowance under Section 14A of the Income Tax Act is not warranted if no exempt income is earned.The two-member bench of Anubhav Sharma and Anil Chaturvedi has observed that Section 14A envisages that there should be actual receipt of income, and hence Section 14A of the Act. …

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC

The Punjab and Haryana High Court has ruled that an accused under the Scheduled Castes and the Scheduled Tribes Act, 1989 is first required to approach the Special Court for anticipatory bail as the high court's original jurisdiction under Section 438 CrPC in such cases stands excluded.Dismissing an anticipatory bail plea of an accused who had directly approached. The Punjab …

Amendment To Section 36(1)(va) Of Income Tax Act Is Prospective In Nature: Delhi High Court

Section 14A Of SC/ST Act Contains No Limitation Period To Bar Filing Of Appeal Against Order Under 1989 Act: Allahabad High Court

The Allahabad High Court has observed that Section 14A of SC/ST Act, 1989 puts no limitation on filing an appeal against an order under the provisions of the 1989 Act.The Bench of Chief Justice Rajesh Bindal, Justice Ajai Kumar Srivastava-I and Justice Saurabh Lavania clarified that after the Allahabad High Court struck down the second proviso to sub-section. The Allahabad …

Explanation To Section 14A Of Income Tax Act Will Not Apply Retrospectively: Delhi High Court

The Delhi High Court has ruled that the Explanation to Section 14A of the Income Tax Act, 1961, added vide the Finance Act, 2022, cannot be presumed to be retrospective in nature since it is clarificatory in nature and alters the law as it stood earlier. The revenue department submitted before the High Court that the ITAT had relied on …

The Delhi High Court has ruled that where the underreporting of income allegedly done by the assessee is due to the re-computation of the disallowance under Section 14A of the Income Tax Act, 1961 by the Assessing Officer, it would not amount to misreporting of income. The revenue department levied a penalty on the assessee Prem Brothers Infrastructure LLP under …

SC/ST Act Offences - Petition U/S 482 CrPC Not Maintainable Against The Order Taking Cognizance; Only Appeal U/S 14A(1) Maintainable": Allahabad High Court

The Allahabad High Court on Tuesday held that an Application U/s 482 Cr.P.C. can't be filed against a cognizance order passed by Special Judge in an SC/ST Act Offence and that against such an order, only an appeal shall lie before the High Court under Section 14A of the S.C./S.T. In this matter, an application under 482 CrPC was moved …

The Kerala Government has issued a notification making online rummy illegal when played for stakes.Section 14A of the Kerala Gaming Act, 1960, which regulates gambling activities, empowers the Goverment to exempt a game from all or any of the provisions of the Act if they are satisfied that in any game the element of skills is more predominant than the …