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...
Costs cannot be imposed on a litigant for counsel's lapse where the record shows no lack of diligence by the litigant himself. The NCLAT applied the settled principle that a party should not suffer for the slackness or dereliction of the advocate representing him and found that the failure to press an application or properly marshal documents was attributable to counsel, not the appellant. It also noted that the impugned order did not disclose any basis for quantifying the costs. The costs direction was therefore set aside, while the appellant was required to participate diligently in the remaining proceedings and the main company petition was directed to be disposed of expeditiously.
Costs cannot be imposed on a litigant for counsel's lapse where the record shows no lack of diligence by the litigant himself. The NCLAT applied the settled principle that a party should not suffer for the slackness or dereliction of the advocate representing him and found that the failure to press an application or properly marshal documents was attributable to counsel, not the appellant. It also noted that the impugned order did not disclose any basis for quantifying the costs. The costs direction was therefore set aside, while the appellant was required to participate diligently in the remaining proceedings and the main company petition was directed to be disposed of expeditiously.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
