Topic

Reasonable Compensation

3 articlesLatest 1 week ago
Section 74 Contract Act | Earnest Money Forfeiture Not Automatic; Retaining Party Must Prove Legal Injury & Actual Loss : Delhi HC
Case Law Analysis
|Delhi High Court

Section 74 Contract Act | Earnest Money Forfeiture Not Automatic; Retaining Party Must Prove Legal Injury & Actual Loss : Delhi HC

The Delhi High Court held that forfeiture of earnest money under an Agreement to Sell is not automatic; the party retaining the deposit must prove actual legal injury and quantifiable loss under Section 74 of the Indian Contract Act. The court distinguished the K.R. Suresh precedent, ruling it inapplicable to simple recovery suits, thereby strengthening a vendee's right to recover earnest money absent proven damages.

Section 13(1)(c) Income Tax Act | ITAT Bangalore Remands Case to Assess Reasonableness of Trustee Honorarium for Charitable Trusts
Case Law Analysis
|Income Tax Appellate Tribunal

Section 13(1)(c) Income Tax Act | ITAT Bangalore Remands Case to Assess Reasonableness of Trustee Honorarium for Charitable Trusts

ITAT Bangalore ruled that the reasonableness of honorarium paid to trustees of a charitable trust must be determined on a case-by-case basis under Section 13(1)(c) of the Income Tax Act. The tribunal remanded the matter to the Assessing Officer, emphasizing that blanket disallowance of trustee remuneration is impermissible without evaluating the duties performed and evidence submitted.