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Archive: October, 2023

Posts in October, 2023

Rebate Conditional on Exported Service-FIRC Correlation: CESTAT

October 3, 2023 1812 Views 0 comment Print

Discover the CESTAT Mumbai decision in the I Gate Global Solutions Ltd. case. Learn why rebate claims for exported services require a clear correlation with FIRC.

CESTAT upholds Rejection of Refund claim filed after one year from service Tax payment date 

October 3, 2023 876 Views 0 comment Print

CESTAT Mumbai upholds the rejection of a service tax refund claim by RJB Estate Pvt. Ltd. Find out why the claim was denied and the legal reasoning behind it

Tribunal Appeal Abates Upon NCLT Resolution Plan Approval: CESTAT

October 3, 2023 915 Views 0 comment Print

Learn why CESTAT Chennai ruled that appeals before the tribunal abate once the NCLT approves a Resolution Plan. Explore the case of Dhanalakshmi Paper Mills Pvt. Ltd.

Revisional Power: Difference of Opinion Alone Insufficient to invoke Section 263

October 3, 2023 918 Views 0 comment Print

In a recent case, ITAT Delhi ruled that having a difference of opinion alone is insufficient to invoke Section 263 of the Income Tax Act.

No section 271(1)(c) penalty on non-existing or deleted disallowances

October 3, 2023 1971 Views 0 comment Print

ITAT Delhi rules that penalties under section 271(1)(c) of the Income Tax Act cannot be imposed based on non-existing or deleted disallowances.

Appeal by Suspended Director Post-IRP Appointment Not Maintainable: ITAT

October 3, 2023 1482 Views 0 comment Print

In a recent case, ITAT Delhi ruled that an appeal by a suspended director after appointment of an Interim Resolution Professional (IRP) is not maintainable.

TDS on rent reimbursement not deductible if no lessor & lessee relationship

October 3, 2023 4497 Views 0 comment Print

In a recent case, ITAT Kolkata ruled that TDS on rent reimbursement is not deductible if there is no lessor and lessee relationship, siding with McNally Bharat Infrastructure.

CESTAT allows refund of anti dumping duty wrongly paid

October 3, 2023 1353 Views 0 comment Print

Read how Posco India successfully secured a refund of wrongly paid anti-dumping duty in a case against C.C.-Kandla, as decided by CESTAT Ahmedabad. Learn about the legal implications.

Section 79 Triggers on Change in Beneficial Ownership of Shares: ITAT

October 3, 2023 4998 Views 0 comment Print

In this article, we discuss ITAT Mumbai’s decision in Hiranandani Healthcare Pvt Ltd vs CIT case regarding set-off of brought forward losses and impact of Section 79 on individual shareholding changes.

Govt notifies Exemption from IBC Section 14 for Aircraft-Related Deals

October 3, 2023 1602 Views 0 comment Print

Read Ministry of Corporate Affairs’ notification exempting transactions related to aircraft, aircraft engines, airframes, and helicopters from IBC Section 14(3)(a)

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