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"15 January 2022" Archive

Sitting of the NCLT Benches for the period 17.01.2022 to 31.01.2022

File No. 10/03/2022-NCLT 15/01/2022

The present mode of virtual hearing and e-filing will continue as per the earlier notification dated 31.12.2021 and 09.01.2022. Now based on the suggestion given by the Members, Officers/staff of the Registry and Members of the legal fraternity Pan India the hearing of cases will be limited to urgent matters which require immediate orders...

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Internal TNMM preferred over external TNMM considering a higher degree of comparability

Neilsoft Private Limited Vs DCIT (ITAT Pune)

Neilsoft Private Limited Vs DCIT (ITAT Pune) This appeal by the assessee is directed against the final assessment order dated 13-04-2021 passed by the Assessing Officer u/s 143(3) r.w.s. 144C(13) r.w.s. 143(3A) & 143(3B) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) in relation to the assessment year 2016-17. ...

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Kerala HC set-aside rules 9(4A) &  9(4C) prescribing fixation of Property Tax at a minimum of 25%  over & above the tax levied for previous year 

K.P. Muhammed Ashraf Vs Taliparamba Municipality (Kerala High Court)

K.P. Muhammed Ashraf Vs Taliparamba Municipality (Kerala High Court) The petitioner, who is owner in possession of a building in Taliparamba Municipality, seeks to declare that Rule 9(4A) and Rule 9(4C) of the Kerala Municipality (Property Tax, Service Tax and Surcharge) Rules, 2011 which prescribes fixation of Property Tax at a minimum o...

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HC allowed release of cash seized in full to Income Tax Dept

Union of India Vs State of Kerala (Kerala High Court)

Union of India Vs State of Kerala (Kerala High Court) It is true that even while dismissing the application submitted by the petitioner herein, the learned Magistrate ordered to retain 30% of the amount for securing the interest of the Income Tax Department. Apparently, an amount of 30% was fixed under the impression that the […]...

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Fake ITC availment: HC grants bail to accused

Rohit Berlia Vs The Intelligence Officer (Orissa High Court)

Rohit Berlia Vs The Intelligence Officer (Orissa High Court) In the instant case, the petitioner was arrested on 08.2021 for an offence punishable under Section 132(1)(c) CGST Act, 2017 having availed fake ITC by the firm M/s. Arshee Ventures during the period from July, 2017 to March, 2019. As is made to understand, the business [&hellip...

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Appellant not allowed to somersault after passing of Final Order under the garb of rectification

A.V. Agro Products Ltd. Vs Commissioner of Customs & Central Excise (CESTAT Delhi)

A.V. Agro Products Ltd. Vs Commissioner of Customs & Central Excise (CESTAT Delhi) It is held that vide the impugned application, the appellant is trying to bring a new case despite that his grievances have been settled not once but on several other occasions where he himself has admitted him to have same facts as […]...

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Electronic Credit Ledger automatically gets unblocked after 1 Year

Ambika Creation Vs Commissioner, Govt. of Gujarat (Gujarat High Court)

Rule 86A itself has provided that the Electronic Credit Ledger can be blocked for a period of one year. On expiry of a period of one year, it would automatically get unblocked. In fact, it was the duty of the authority concerned to permit the assessee, i.e. the writ-applicant, to avail the input credit available in his ledger...

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HC se-aside corruption charges for 6 years delay in filing charges sheet

Bhupendra Pal Singh Vs Union of India (Bombay High Court)

Bhupendra Pal Singh Vs Union of India (Bombay High Court) that there being no valid and acceptable explanation for the delay of almost 6 (six) years in issuance of the charge-sheet coupled with the fact that the petitioner attained the age of superannuation on November 30, 2011, it would be just and proper and in […]...

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SEBI order against Share Tips via social media platforms/Telegram

In Re Stock Recommendations using Social Media Channel (Telegram) (SEBI)

In Re Stock Recommendations using Social Media Channel (Telegram) (SEBI) despite taking all possible steps by SEBI like the one stated above, the miscreants always try to create a bypass to the Regulatory fence to implement their malicious schemes to earn unlawful gains. Like in the present case, the application of Telegram which is essen...

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Posted Under: Company Law | |

Annual Information System and SFT transactions Shown on Tax Payers individuals portal

Annual Information System is Government New Experience   introduction replacing in future Form 26 AS. Form 26 AS is Xray of Tax payers and ASI can be called MRI of Tax Payers. Many Pros and Cons are regularly being reported by the Tax Payers So Government of India in a Press Release declared that the AIS […]...

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Posted Under: Company Law |

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