Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Issue was whether a fire insurance policy could be repudiated on the ground that burglary/theft preceded and allegedly caused the fire. The Court held that where loss is attributable to fire and there is no plea or proof of wilful act, foul play, or fraud by the insured, the cause of the fire is immaterial for coverage. Theft/burglary was not an exclusion under the specified peril of "Fire", and exclusions must be strictly construed; an exclusion under another clause could not defeat liability for an independently covered peril. The repudiation letter and the rejection order were set aside, and the matter was remitted for assessment of loss. - SC
Issue was whether a fire insurance policy could be repudiated on the ground that burglary/theft preceded and allegedly caused the fire. The Court held that where loss is attributable to fire and there is no plea or proof of wilful act, foul play, or fraud by the insured, the cause of the fire is immaterial for coverage. Theft/burglary was not an exclusion under the specified peril of "Fire", and exclusions must be strictly construed; an exclusion under another clause could not defeat liability for an independently covered peril. The repudiation letter and the rejection order were set aside, and the matter was remitted for assessment of loss. - SC
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