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Archive: September, 2022

Posts in September, 2022

Proposal containing arbitration clause signed by one party doesn’t amount to arbitration agreement

September 19, 2022 1239 Views 0 comment Print

Bombay High Court has held that a mere reference to a proposal containing an arbitration clause which was unilaterally signed by one party, would not amount to an arbitration agreement coming into existence between the parties. Suit filed before Trial Court stand restored.

NCLAT Upholds Dismissal of CIRP petition despite opposition by Financial Creditor as Corporate Debtor Willing to Pay Full Amount

September 19, 2022 1647 Views 0 comment Print

Adjudicating Authority has only given an opportunity to the Corporate Debtor to deposit the entire defaulted amount for which Section 7 Application was filed, within 45 days with liberty reserve to the Financial Creditor to revive the Section 7 Application in event the amount is not deposited.

Inadvertent human error in E way bill cannot lead to proceedings & penalties

September 19, 2022 5913 Views 0 comment Print

Maharaja Cables (C/O Maxwell Logistic Pvt Ltd)  Vs Commissioner (GST) State Tax Indore (M.P.) (Madhya Pradesh High Court) HC held that inadvertent human error in generating E way bill cannot lead to proceedings and penalties under Section 129 of CGST Act, 2017. A tax invoice was generated which reflected the destination as well as the […]

CBDT notifies Form ITR-A & rules for modified return by successor entity

September 19, 2022 36279 Views 0 comment Print

CBDT notifies new Income Tax Rule 12AD modified  return of income under section 170A to be furnished by a successor entity to a business reorganisation and relevant Form ITR-A vide Notification No. 110/2022-Income Tax | Dated: 19th September, 2022. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES), New Delhi Notification No. 110/2022-Income Tax | […]

SC to examine constitutional validity of Goa Cess on Fluid Milk (Control) Act, 2000 provisions

September 19, 2022 750 Views 0 comment Print

Goa State Co op Milk Producers Union Ltd. Vs State of Goa (Supreme Court of India) Being a dispute with respect to the constitutional validity of the relevant provisions of the Goa Cess on Fluid Milk (Control) Act, 2000, only on that ground alone and the issue is with respect to legislative competence, issue notice […]

ITAT allows additional ground regarding treatment of subsidy – HC confirms

September 19, 2022 966 Views 0 comment Print

PCIT Vs Crystal Crop Protection Pvt. Ltd. (Delhi High Court) The department has reiterated its objection to the ITAT admitting additional ground raised by the assessee regarding the treatment of subsidy. However, in the impugned order, the ITAT has given detailed reasoning for permitting the additional ground after relying upon the judgments of the Supreme […]

Section 206AA cannot have overriding effect on DTAA

September 19, 2022 2544 Views 0 comment Print

CIT International Taxation Vs Air India Ltd. (Delhi High Court) Whether ITAT has erred in holding that the rate of deduction of tax in the case of a non-resident who does not have a PAN and whose case does not lie in the exceptions laid down in Sub-Section 7 of Section 206AA of the Act […]

GST Refund: Exclude Period from 01.03.2020 to 28.02.2022 for limitation – HC

September 19, 2022 4341 Views 0 comment Print

HC directs exclusion of period from 1st March 2020 to 28th February 2022, for limitation period computation for filing GST refund application

Unregistered sale deed cannot be considered for claim under IBC on immovable property

September 19, 2022 1479 Views 0 comment Print

Sabita A. Biswas Vs Vinodkumar Pukhraj Ambavat (NCLAT Delhi) Appellant sought direction to Resolution Professional to accept the claim. Appellant has filed claim in Form-C along with the claim, Appellant has also filed photocopy of unregistered sale deed engrossed on Rs. 100/- and stamp paper allegedly executed before the Notary on 13.01.2015. The Adjudicating Authority […]

Treat Interest paid prior to SCN as pre-deposit for SVLDR Scheme: HC

September 19, 2022 720 Views 0 comment Print

Patanjali Ayurved Ltd. Vs Commissioner of Central Excise & Service Tax & Anr. (Uttarakhand High Court) The short question that arises for determination in this writ petition is ‘whether the amount paid by the petitioner, under protest, towards interest , prior to issuance of show cause shall be considered as pre-deposit while disposing his application […]

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