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Archive: 27 January 2022

Posts in 27 January 2022

Liberal interpretation should be given to fulfil the objective of SVLDRS

January 27, 2022 1365 Views 0 comment Print

This Court in the judgment in the case of Thought Blurb (supra) accordingly reiterated the principles laid down by this Court in case of Capgemini Technology Services Limited (supra) and also followed the principles laid down by the Delhi High Court in case of Vaishali Sharma vs. Union of India and held that a liberal interpretation has to be given to the scheme as its intent is to unload the baggage relating to legacy disputes under central excise and service tax and to allow the business to make a fresh beginning.

Approved resolution plan is not a confidential document and can be made available to genuine claimant

January 27, 2022 7542 Views 0 comment Print

Association of aggrieved Workmen Association of aggrieved Workmen of of Jet Airways (India) Limited Vs Jet Airways (India) Ltd. (NCLAT Delhi) Facts- The only question involved is whether the appellant is entitled for a copy of resolution plan or any part of it. Notably, the resolution plan is already approved by the Adjudicating Authority. Conclusion- Resolution plan […]

Section 10(46) exemption to West Bengal Electricity Regulatory Commission

January 27, 2022 1350 Views 0 comment Print

Vide Notification No. 12/2022 – Income Tax | Dated:  27th January, 2022 CBDT notifies Tax Exemption to ‘West Bengal Electricity Regulatory Commission’, Kolkata, a Commission constituted by the State Government of West Bengal, in respect of the specified income under section 10(46) of Income Tax Act, 1961. CBDT corrects its mistake in Notification Numbering MINISTRY […]

Redevelopment of society : Service Tax on flats handed over to existing members of societies without any consideration

January 27, 2022 6822 Views 0 comment Print

Commissioner of CGST & C.Ex. Vs Ethics Infra Development Pvt. Ltd. (CESTAT Mumbai) In the present case the respondent has discharged the complete service tax liability on the gross amount received by him for providing the taxable services. Once he have discharged the tax liability on the gross consideration received by him by the sale […]

Introduction of Special Situation Funds as a sub-category under Category I AIFs

January 27, 2022 1086 Views 0 comment Print

(a) Each scheme of SSF shall have a corpus of at least one hundred crore rupees. (b) SSF shall accept an investment of value not less than ten crore rupees from an investor. In case of an accredited investor, the SSF shall accept an investment of value not less than five crore rupees. Further, in case of investors who are employees or directors of the SSF or employees or directors of the manager of the SSF, the minimum value of investment shall be twenty-five lakh rupees.

Beyond a period of 4 years, retrospective amendment to section 115JB cannot be a ground for reassessment

January 27, 2022 876 Views 0 comment Print

Court has held that beyond a period of 4 years, retrospective amendment u/s 115JB of the Act could not be a ground for reassessment. Such legal proposition requires no authority of law.

Abitral award can be modified only in case of an arithmetical or clerical error: SC

January 27, 2022 1101 Views 0 comment Print

Supreme Court held that an arbitrator allowing an application to modify an original award in exercise of powers under section 33 of Arbitration and Conciliation Act, 1996, was not sustainable if there was no arithmetical and/or clerical error in the award.

Difficulties under GST faced by small and medium scale taxpayers

January 27, 2022 9159 Views 1 comment Print

We appreciate that registration process is much more improved under GSTN system than earlier laws. Due to Aadhar card, Pan card the KYC norms are reliable to decide the Genuineness of a person. Other documents may be considered accordingly.

Depreciation being a statutory allowance and hence cannot be restricted on the basis of personal use

January 27, 2022 1371 Views 0 comment Print

I.T.O. Vs Bhagchand Jain (ITAT Jaipur) Disallowance of depreciation on vehicles is also not warranted with the facts and merits of the case as depreciation being a statutory allowance and hence cannot be restricted on the basis of personal use as has been held by Coordinate Bench of this Tribunal in ITA no. 373/JP/2002 in […]

RBI circular dated 27.03.2020 not creates any right to Loan Moratorium

January 27, 2022 2625 Views 0 comment Print

Governor, RBI Vs Velankani Information Systems Limited (Karnataka High Court) Briefly stated the facts of the case are that, respondent No.1 herein had availed the term loan facilities from respondent Nos.5 to 7. Respondent No.1 herein claiming to be the owner and operator of Five Star Hotel and Technology Park had approached the writ Court […]

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