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Archive: 26 May 2023

Posts in 26 May 2023

Violation of principles of natural justice – ITAT restores matter back to AO

May 26, 2023 6288 Views 0 comment Print

ITAT Amritsar orders restoration of Bashir Ahmad Sofi’s case due to violation of natural justice. Ex parte orders quashed, fresh assessment directed.

MCA imposes penalty for delay in filing resolution in e-form MGT-14

May 26, 2023 11394 Views 0 comment Print

Company was required to file a copy of the resolution in e-form MGT-14 within 60 days i.e. by 31.08.2021. However, the e-form MGT-14 was filed by the company only on 20.04.2022 vide SRN 796533765 with a delay of 231 days.

Substantive Right Cannot Be Taken Away By A Procedural Lapse: SC

May 26, 2023 9504 Views 0 comment Print

Delve into the Supreme Court judgment on procedural defects and substantive rights in the case of Ramnath Exports Pvt Ltd Vs Vinita Mehta. Learn about the implications of procedural irregularities on litigants’ rights.

CIT(A) cannot change section under which AO made addition during assessment

May 26, 2023 4875 Views 0 comment Print

Delve into the intricacies of the case Smt. Sekar Jayalakshmi Vs ITO (ITAT Chennai), analyzing the discrepancy between Section 68 and Section 69A of the Income Tax Act.

Section 54F Deduction allowed despite Non-Construction of New House within Prescribed Time Limit  

May 26, 2023 10959 Views 0 comment Print

Delve into the Sharada Mohan Shetty Vs ITO case, analyzing the intricacies of Sec. 54F exemption claim, construction delays, and legal implications.

Guidelines for Mandatory Communication to Preceding Cost Auditor

May 26, 2023 1704 Views 0 comment Print

A detailed guide from Institute of Cost Accountants of India about mandatory communication regulations for Cost Accountants. Understand format and implications of non-compliance.

Comprehensive Guide to Trademark Registration and Protection in India

May 26, 2023 1755 Views 0 comment Print

Navigate the process of trademark registration in India with our comprehensive guide. Learn about types, required documents, and the step-by-step procedure. Consult experts for effective protection of your intellectual property.

Orissa HC Stayed demand of penalty & interest in absence of GSTAT

May 26, 2023 1755 Views 0 comment Print

HC stayed the demand of penalty and interest raised by the Revenue Department, during the pendency of writ petition, subject to the condition that the assessee deposits the entire amount of tax demanded within a period of 15 days, since the assessee wanted to avail the remedy under the provisions of law by approaching GST Appellate Tribunal

The Tussle Between PMLA, SARFAESI and IBC: Which Act Prevails?

May 26, 2023 13869 Views 0 comment Print

Recently, the Delhi High Court in the case of Rajiv Chakraborty vs Enforcement Directorate revisited the issue pertaining to the tussle between the Prevention on Money Laundering Act 2002, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, and Insolvency and Bankruptcy Code 2016 and emphasized on the need of a coherent and balanced approach while interpreting these statutes.

Post Vidya Drolia Judgement – Whether or Not the Dispute Relating to the Existence of Arbitration Agreement Should be Referred to Arbitration Tribunal

May 26, 2023 4650 Views 0 comment Print

Explore the impact of the Vidya Drolia judgment on the jurisdiction of arbitration tribunals in deciding the existence and validity of arbitration agreements. Understand the evolving landscape post the 2015 amendment and conflicting decisions shaping the scope of judicial intervention in pre-arbitral disputes.

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