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Archive: 17 May 2022

Posts in 17 May 2022

Income Tax education cess is not allowable as deduction

May 17, 2022 6372 Views 0 comment Print

Education cess is an additional surcharge levied on income tax and hence it partakes the character of income tax and is not allowable as deduction.

Section 80IE Deduction eligible on VAT remission & Late Payment Interest

May 17, 2022 1599 Views 0 comment Print

ITAT held that interest earned on late payment from sundry debtors and VAT remission shown as miscellaneous income are eligible profit for deduction under section 80IE

No Service Tax on amount recovered as charges for breach of contractual terms

May 17, 2022 3591 Views 1 comment Print

Krishnapatnam Port Company Limited Vs Commissioner of Central Excise & Service Tax (CESTAT Hyderabad) Issue of leviability of Service tax on penalty, liquidated damages, compensation, forfeiture amounts, cancellation charges etc. stands settled by various pronouncements wherein it has consistently been held that the said amounts recovered as charges for breach or non-compliance of contractual terms […]

Labour Court cannot Adjudicate Workman’s Claim U/s. 33C(2) of Industrial Dispute Act in an Undetermined Claim

May 17, 2022 14667 Views 0 comment Print

Management of KSRTC Vs Sri K. Shivaram (Karnataka High Court) Section 33C(2) of the I.D. Act refers to any amount due to workman. Section 33C(1) of the Industrial Dispute Act (I.D. Act) speaks of any amount due to workman under the settlement or award under the provision of Chapter 5-A or 5-B of the I.D. […]

Section 14 SARFAESI Act: Adjudicatory Powers not vested with District Magistrate

May 17, 2022 28845 Views 0 comment Print

Bajaj Finance Ltd. Vs LD. District Collector (Gujarat High Court) On perusal of the section 26E and Section 14 of the SARFAESI Act, it is clear that the District Magistrate has to discharge the ministerial act of providing assistance to the secured creditor to take physical possession of the secured assets when the secured creditor has […]

Mere Gold Smuggling cannot be Treated as an Act of Terrorism: HC

May 17, 2022 771 Views 0 comment Print

Azaz Khan Vs N.I.A. through Special P.P. (Rajasthan High Court) it is not in dispute that except Amzad Ali, all the other accused were apprehended at Jaipur Airport on 3.7.2020 while attempting to smuggle gold into India from Riyadh, Saudi Arabia and an FIR was registered against them under Section 135 of the Customs Act. […]

Need for a Cooperative Policy to boost cooperative sentiments

May 17, 2022 276 Views 0 comment Print

Retail trade in India is in peril due to commanding and monopo­listic policies of the foreign funded global companies and also the big Corporate Houses which has deeply created an uneven level playing field where the traders due to limited finance and resources can not compete the big Companies as their purchasing power is limited to defined numbers.

Petitioner cannot reduce contract period Retrospectively after extending Contract

May 17, 2022 1899 Views 0 comment Print

North Delhi Municipal Corporation Vs IJM Corporation Berhad (Delhi High Court) Delhi High Court held that when Petitioner has granted the contractor an extension of time for a specified period, it cannot turn around to contend that the extension was mere provisional and it’s allowed to reassess or reduce the amount of days by which […]

Fight between Legal & Technical issue in GST- Effects in due date extension

May 17, 2022 198 Views 0 comment Print

Taxpayer should claim ITC on the basis of GSTR 2B and not on the basis of GSTR 2A. as GSTR 2B is now available for the month of April 2022.

Foreign Creditors cannot be treated differently from Domestic Creditors: HC

May 17, 2022 1128 Views 0 comment Print

There is no reason why a person who has been declared bankrupt by a foreign court in terms of the law applicable to that jurisdiction, should be afforded protection by the Indian Courts on technical objections being raised with regard to the validity of the foreign judgment. In the modern times of globalization, foreign creditors cannot be treated differently from domestic creditors.

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