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Archive: June, 2023

Posts in June, 2023

After approval of insolvency resolution plan no demand can be raised for the period prior to specified date

June 13, 2023 5493 Views 0 comment Print

Law is well-settled that with the finalization of insolvency resolution plan and the approval thereof by the NCLT, all dues of creditors, Corporate, Statutory and others stand extinguished and no demand can be raised for the period prior to the specified date.

Fake GST registrations & bogus invoices – Govt Meeting for policy measures

June 13, 2023 1053 Views 0 comment Print

Government of India has noticed instances of fake GST registrations and issuance of bogus invoices leading to revenue loss. A meeting is being convened to discuss policy measures to curb this menace.

Section 153C: ITAT Delhi dismisses Revenue’s Appeal due to Lack of Jurisdiction

June 13, 2023 879 Views 1 comment Print

The ITAT Delhi has dismissed the Revenue’s appeal in the case of ACIT vs. Cogent Realtors Pvt. Ltd. The appeal was dismissed based on the lack of jurisdiction under Section 153C of the Income Tax Act due to the absence of incriminating material. The disallowance made by the Assessing Officer was also found to be unsustainable.

GST Search authority can pass order of demand & penalty under Section 130

June 13, 2023 1275 Views 0 comment Print

Orissa High Court confirms the jurisdiction of the search and seizure authority to pass an order of demand and penalty under Section 130 of the OGST/CGST Act.

ITAT Pune Upholds Section 271B Penalty for Failure to File Audit Report

June 13, 2023 588 Views 0 comment Print

ITAT Pune upholds penalty under Section 271B against Santosh Swarupchand for not filing an audit report, citing contradictions in an accountant’s affidavit.

ITAT Restores Matters for Fresh Decision by CIT(A) to grant Assessee fair opportunity

June 13, 2023 945 Views 0 comment Print

In a recent case, the ITAT found that the assessee did not receive a fair opportunity to represent its case before the first appellate authority due to circumstances beyond its control. As a result, the ITAT set aside the first appellate authority’s orders and restored the matters for a fresh decision.

Government Grants for specific purpose cannot be treated as Income of Assessee

June 13, 2023 2943 Views 0 comment Print

In a recent case (Howrah Improvement Trust vs. DCIT) heard by ITAT Kolkata, the addition of government grants as corpus or income was deleted.

Lessor’s Right to Depreciation on Leased Assets in Finance Lease Upheld by ITAT Delhi

June 13, 2023 6024 Views 0 comment Print

In a recent case (DCIT vs. Religare Finvest Ltd) heard by ITAT Delhi, it was ruled that lessor is entitled to claim depreciation on leased assets under a finance lease agreement.

Foreign Currency Convertible Bond expenses included as FCCB premium expense is allowable

June 13, 2023 981 Views 0 comment Print

ITAT Mumbai held that FCCB i.e. Foreign Currency Convertible Bond expenses included as part of FCCB premium expenses is allowable.

Arbitral award can be regarded as enforceable only if it is actually executable

June 13, 2023 3339 Views 0 comment Print

Delhi High Court held that the award can be regarded as enforceable only if it is actually executable. Accordingly, the Final Partial Award passed by the Arbitral Tribunal is unenforceable award.

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