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Archive: 30 May 2023

Posts in 30 May 2023

Understanding National Company Law Tribunal and its Power

May 30, 2023 18480 Views 0 comment Print

NCLT plays a crucial role in maintaining transparency, efficiency, and fairness in corporate governance and ensures effective enforcement of company law.

Application u/s 7 of IBC duly admissible as there exists financial debt and default

May 30, 2023 771 Views 0 comment Print

NCLAT Delhi held that as there exists financial debt and default, application u/s 7 of the Insolvency and Bankruptcy Code (IBC) is duly admissible.

Rectification application dismissed in absence of substantial or collateral proceedings pending before AO

May 30, 2023 1890 Views 0 comment Print

ITAT Hyderabad held that in absence of any substantial proceeding or collateral proceedings pending before AO, AO was right in not entertaining the application for rectification filed by the assessee.

ED directed to continue investigation in recruitment scam in municipality

May 30, 2023 888 Views 0 comment Print

Calcutta High Court dismissed the review petition and directed the ED (Enforcement Directorate) to continue the investigation in the recruitment scam in municipality.

Interest on NPAs not taxable on accrual basis

May 30, 2023 2688 Views 0 comment Print

ITAT Pune held that it is settled legal position that interest on (Non-Performing Assets) NPAs cannot be taxed on accrual basis.

New firm acquiring new plant & machinery is eligible to claim deduction u/s 80IC

May 30, 2023 711 Views 0 comment Print

ITAT Delhi held that conditions for the eligibility of claim u/s 80IC in the case of a new industrial undertaking stands satisfied as new firm acquired new plant & machinery which was not previously used.

No penalty under section 269SS and 269T if reasonable cause shown

May 30, 2023 2592 Views 0 comment Print

ITAT Delhi held that considering the bonafide and genuine transaction, reasonable cause in terms of section 273B of the Act, exist in the case of the assessee for not complying with the provision of section 269SS and 269T, and therefore, penalty u/s 271D and 271E not leviable.

Demanding payment of penalty despite interim order of division bench is untenable

May 30, 2023 462 Views 0 comment Print

Madras High Court held that issuance of communication to pay penalty amount within prescribed period, despite of interim orders of division bench directing customs department not to take coercive steps, is untenable in law.

Construction and other services necessary for renting of business eligible for CENVAT

May 30, 2023 543 Views 0 comment Print

CESTAT Chandigarh held that construction services and other services which are necessary for the renting of the business falls in the definition of ‘input service’ as provided under Rule 2(l) of Cenvat Credit Rules, 2004.

Case selected for scrutiny on TP risk parameter has to be referred to TPO

May 30, 2023 3708 Views 0 comment Print

ITAT Mumbai held that as per paragraph 3.2 of the Instruction no. 3/2016 dated 10th March 2016, cases selected for scrutiny on a TP risk parameter has to be referred to TPO after obtaining approval from PCIT/ CIT. Non-complying with the instruction renders the order erroneous and prejudicial to the interest of revenue.

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