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Archive: June, 2023

Posts in June, 2023

Notice issued in the name of non-existing entity is liable to be set aside

June 25, 2023 612 Views 0 comment Print

Karnataka High Court held that notice issued in the name of non-existing entity as on the date of issuance of notice is liable to be set aside

Proceedings Under IBC 2016 Halts Legal Suit Against Corporate Debtor

June 25, 2023 525 Views 0 comment Print

The ITAT Mumbai ruled that no legal suit or proceeding can continue against a corporate debtor until the conclusion of proceedings under the Insolvency and Bankruptcy Code (IBC) 2016.

Non-existence of reason for section 148 re­opening – HC Upholds Writ Petition

June 25, 2023 783 Views 0 comment Print

Delve into the recent ruling by the Bombay High Court on the maintainability of a writ petition filed under Article 226 of the Constitution of India, challenging the initiation of proceedings under Section 148 of the Income Tax Act, 1961.

Employees’ contribution to EPF & ESI cannot be disallowed under section 154

June 25, 2023 4605 Views 0 comment Print

ITAT held that the assessing officer’s use of Section 154 before 12.10.2022 to disallow EPF and ESI contributions was not justified, as the issue was debatable and there were conflicting views and such views.

No Section 271B Penalty for delay due to Reasonable Causes

June 25, 2023 2778 Views 0 comment Print

Exploring recent decision of ITAT Mumbai in Rasik Nemchand Pethad Vs DCIT where it was determined that Section 271B penalty doesn’t apply when there’s reasonable cause for failure to comply with provisions.

ITAT Sanctions Interest Expense despite Higher Payment for Earning Income

June 25, 2023 429 Views 0 comment Print

Learn about the significant ruling of ITAT Ahmedabad in the case of Ankit Ashok Savla Vs ITO regarding the non-disallowance of interest expenses under Section 57 of the Income Tax Act.

Competition Act apply to Coal India Limited: SC – Background of Coal India

June 25, 2023 3081 Views 1 comment Print

upreme Court in Coal India Limited v. CCI (SC), CIVIL APPEAL NO. 2845 of 2017, June 15, 2023 categorically held that the Competition Act does apply to Coal India Limited, providing the rationale for its decision.

Bombay HC Directs Joint Meeting between customs & DGFT authorities to Resolve Exporters’ Issues

June 25, 2023 855 Views 0 comment Print

Bombay High Court resolves Tru-Sprag Freewheels Pvt Ltd vs. Union of India case, directing customs and DGFT to rectify exporters’ procedural errors, ensuring EPCG Scheme benefits. The court’s intervention leads to systemic improvements and the petitioner’s issue resolution.

Madras HC on recovery of ITC from Buyer without initiating any action against seller

June 25, 2023 18588 Views 1 comment Print

Madras High Court quashes orders against D.Y. Beathel Enterprises for input tax credit recovery, citing procedural flaws and directs fresh enquiry. Emphasizes examination of sellers and initiation of recovery against them, ensuring fair investigation.

Service Tax refund rejection lacked a stated reason: CESTAT ordered re-adjudication

June 24, 2023 870 Views 0 comment Print

Delve into the Vedanta Aluminium Ltd Vs Commissioner of CGST & Excise case, where CESTAT Kolkata set aside an order rejecting a refund claim of service tax and ordered re-adjudication due to the absence of a stated reason in the original decision.

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