12 August 2024

Search Results for Tag : Consideration

International Cases

In absence of a Parole Board report, Supreme Court’s ability to substitute the sentence of the high court with its own sentence is constrained(16.03.2023)

Present was an appeal against a reconsideration of an indeterminate sentence imposed in terms of Section 286B of the Criminal Procedure Act, 1977. The.....

Tags : Sentence, Imposition, Reconsideration

News

ITAT, Bangalore: Consideration for Sale of Software Not to be Treated as Royalty(13.08.2021)

Income Tax Appellate Tribunal (ITAT), Bangalore has ruled that consideration for the sale of software cannot be treated like royalty.

Tags : Income Tax Appellate Tribunal, Consideration for Sale of Software

ITAT: Service Tax is Not Payable Until Consideration is Received(15.06.2022)

Income Tax Appellate Tribunal (ITAT), Chennai Bench has held that service tax is not payable until consideration was received.

Tags : ITAT, Service Tax, Consideration

ITAT: Change in Method of Treating Income Can Lead to Double Taxation(18.07.2022)

Income Tax Appellate Tribunal (ITAT), Rajkot Bench has held that a change in the method of treating income would lead to double taxation if the sales .....

Tags : ITAT, Double Taxation, Sales Consideration

SC: Young Couples Can't be Made to Wait 3-4 Years to Adopt(29.08.2022)

Supreme Court has held that asking young couples to wait three to four years to adopt a child is not correct and that the adoption process in India ne.....

Tags : Supreme Court, Adoption, Reconsideration

SC: Automatic Vacation of Stay After Six Months Requires Re-Consideration(27.09.2023)

Supreme Court has observed that its order in Asian Resurfacing of Road Agency v. CBI (MANU/SC/0308/2018) directing automatic vacation of stay granted .....

Tags : Supreme Court, Automatic Vacation, Re-Consideration

Welfare of Minor Paramount Consideration in Custody Battles: Karnataka HC(15.01.2019)

Karnataka High Court has observed that it is not the "statutory right of the parents" but the welfare of the child that needs to be given paramount co.....

Tags : Karnataka High Court, Welfare of Minor Paramount Consideration

CESTAT Delhi : Concept of Allowed Loss and Consumption would not Qualify as Consideration(27.11.2019)

Customs, Excise & Service Tax Appellate Tribunal New Delhi has ruled that the concept of “allowed loss and consumption” in the Agreement between the p.....

Tags : CESTAT Delhi, Consideration

SC: Specific Performance of Sale Deed Can Only be Availed When Buyer Adheres to Specific Condition(11.01.2024)

Supreme Court has held that when there is a specific condition in a contract with regard to the time frame in which the consideration is to be paid, t.....

Tags : Supreme Court, Specific Performance, Consideration

ITAT, Pune: Sale Consideration for Sale of Software Products is Business Income(15.02.2021)

Income Tax Appellate Tribunal (ITAT) Pune has ruled that the sale consideration received for the sale of software products from the end-users, distrib.....

Tags : Income Tax Appellate Tribunal, Sale Consideration for Sale of Software Products

SC: Party to Contract Can’t Question Amount Levied as Per Contract After Signing it(16.01.2023)

Supreme Court has held that signing a contract and issuing an undertaking in accordance with the contract would estop the parties from challenging the.....

Tags : Supreme Court, Contract, Estop, Consideration

Madras HC: Non-Consideration of Vital Aspects in Documents Valid Ground to Review Order(23.02.2022)

Madras High Court has held that material aspects that were not considered by the Disciplinary Authority can be construed as new evidence by the Review.....

Tags : Madras High Court, Non-Consideration of Vital Aspects

Karnataka HC Urges CJ to Initiate Suo Motu Proceedings Against Posting for Monetary Considerations(17.03.2021)

Karnataka High Court has urged the Chief Justice to initiate suo motu proceedings against the State government to put an end to the pernicious practic.....

Tags : Karnataka High Court, Posting for Monetary Considerations

Tripura HC: Non-Placing and Non-Consideration of Bail Orders Vitiates Subjective Decision(21.03.2022)

Tripura High Court has observed that non-placing and non-consideration of bail orders, wherein bail had been granted to detenu in cases referred to in.....

Tags : Tripura High Court, Non-Placing and Non-Consideration of Bail Orders

Patna HC Seeks Reply from BSEB Officers on Non-Consideration of Defective TET Paper Questions(23.03.2022)

Patna High Court has sought reply from the Bihar School Examination Board (BSEB) officers on alleged non-consideration of more than the five defective.....

Tags : Patna High Court, Non-Consideration of Defective TET Paper Questions

SC: Reconsideration Required of the Judgement That Brought Doctors Under Consumer Protection Act(15.05.2024)

Supreme Court while deciding whether advocates can be held liable under the Consumer Protection Act, 1986, has observed that the judgement that brough.....

Tags : Supreme Court, Consumer Protection Act, Reconsideration, Doctors

Mad HC: Cannot Doubt Donation Unless Definite Material Evidencing Passing of Consideration Available(03.06.2024)

Madras High Court has observed that a statement by a donor that he/she is making the donation out of love and affection for the recipient must be take.....

Tags : Madras High Court, Consideration, Face Value

ITAT, Pune: Exemption of Capital Gain u/s 54F not available for Purchase of Office Premises(11.04.2022)

Income Tax Appellate Tribunal, Pune has observed that the exemption of capital gain under section 54F of the Income Tax Act, 1961 is unavailable if th.....

Tags : Income Tax Appellate Tribunal, capital gain, section 54F of the Income Tax Act, 1961, sale consideration

ITAT, Bangalore: Agricultural Land Not Converted at Time of Sale Not Included as Capital Gain(11.04.2022)

Income Tax Appellate Tribunal, Bangalore has observed that since the agricultural land was not converted at the time of sale, the sale consideration s.....

Tags : Income Tax Appellate Tribunal, agricultural land, sale consideration, Income Tax Act, 1961, assessee

ITAT, Ahmedabad: Undisclosed Sale Consideration of Property Can Only Assessable as Capital Gain(02.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has ruled that the undisclosed sale consideration of the property can be subjected to tax as capital gain und.....

Tags : Income Tax Appellate Tribunal, capital gain, section 48, Income Tax Act, 1961, Undisclosed sale consideration

Judgments

If a service is rendered, but no consideration is received, service tax cannot be charged(27.03.2024)

In present matter, Pharmax Corporation Ltd. provides various services and pays service tax on them. During the course of audit and scrutiny of balance.....

Tags : Consideration, Charge, Levy

Kar HC: Rule 9(5) Has Mandatory Application if Auction Purchaser is Unable to Pay Sale Consideration(18.10.2024)

Kar. HC has held that Rule 9(5) of the Security Interest (Enforcement) Rules, 2002 providing for forfeiture of the earnest money has mandatory applica.....

Tags : Karnataka High Court, Earnest Money, Sale Consideration

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