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Archive: 21 June 2022

Posts in 21 June 2022

SC directs BCI to ensure Timely Disposal of Complaints Against Advocates

June 21, 2022 1392 Views 0 comment Print

Charanjeet Singh Chanderpal Vs Vasant D. Salunkhe & Ors. (Supreme Court of India) SC held that Mere issuance of the Circular and/or sending the intimation is not enough. The Bar Council of India is required to see that the directions issued by this Court are truly and fully complied with by the Bar Council of […]

Refund of TDS credit cannot be denied irrespective of year of appearance in form 26AS

June 21, 2022 2238 Views 0 comment Print

GSR Ventures Private Limited Vs DCIT (ITAT Hyderabad) Once any TDS is effected in accordance with the provisions of the Act and paid to the Central Government, such an amount shall be treated as a payment of tax on behalf of the person from whose income the deduction was made, and, therefore, a credit of […]

MSMED Act is a special legislation and has an overriding effect,

June 21, 2022 2787 Views 0 comment Print

NBCC (India) Ltd. Vs State of West Bengal (Calcutta High Court) MSMED Act is a special legislation and has an overriding effect, the parties governed by it are bound to follow the mechanism provided under Section 18 of the Act. It was further reiterated in Mackintosh Burn Limited v. Micro and Small Enterprises Facilitation Council […]

Mere non-production of ID Card with season ticket, not render proper season ticket, invalid

June 21, 2022 450 Views 0 comment Print

The signature of the appellant on season ticket, was not disputed by the Railways. Moreover, season ticket and the journey extension tickets, were recovered, from the appellant while removing him at Hospital. In the circumstances, non-production of Identity Card alongwith season ticket, itself would not render proper season ticket, invalid.

No Return of Court Fees When Parties Referred to Arbitration under Section 8 of A&C Act

June 21, 2022 2628 Views 0 comment Print

A-One Realtors Pvt. Ltd Vs Energy Efficiency Services Ltd (Delhi High Court) It is settled law that a litigant is not entitled to refund of court fees in case of rejection of plaint under Order VII Rule 11 of the CPC where the plaint does not disclose a cause of action. On the same analogy, […]

Service Tax refund claim filed after GST introduction not hit by limitation

June 21, 2022 1476 Views 0 comment Print

No limitation is applicable to claim of Service Tax refund claim filed after GST introduction due to overriding effect of Section 142(8)(b) of CGST Act and claim can be denied only on grounds of unjust enrichment.

Challenge to re-assessment proceeding before disposal of objection not maintainable: HC

June 21, 2022 426 Views 0 comment Print

Jagran Prakashan Limited Vs Assessing Officer (Allahabad High Court) Undisputedly, in view of the decision of the Supreme Court as regularly followed by this Court by way of procedural principle, the Court does not directly entertain the challenge to re-assessment proceeding before disposal of the objection filed by the assessee to the initiation of such […]

ITAT upheld partial disallowance of expense which are not fully verifiable

June 21, 2022 576 Views 0 comment Print

Bistro Hospitality Pvt. Ltd. Vs ACIT (ITAT Delhi) Disallowance of Rs.4,00,000/- was made by the AO on adhoc basis on the ground that the amounts claimed under the expenses are neither fully vouched nor fully verifiable, so it cannot be said that the same are wholly and exclusively incurred for the purpose of business. The […]

Customs: Section 111 & 112 attracted only when goods are improperly imported

June 21, 2022 7104 Views 0 comment Print

Section 111 and Section 112 are attracted only when the goods are held to be liable for ‘confiscation’ when they are ‘improperly imported goods’.

Addition for difference in Share of profit from Partnership due to Mistake in lowering the same not sustainable

June 21, 2022 387 Views 0 comment Print

Addition for difference in Share of profit from Partnership due to Mistake in lowering the profit in revised Return same not sustainable

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