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Archive: 23 January 2024

Posts in 23 January 2024

Calling Someone Corrupt is Defamatory; Right to Criticize, Not to Defame: HP HC

January 23, 2024 1209 Views 0 comment Print

Explore the landmark judgment by Himachal Pradesh High Court on defamation. Learn why calling someone corrupt is defamatory, emphasizing the right to criticize without resorting to abuse.

Conversion of Private Limited to Public Limited Company: Process & Provisions

January 23, 2024 15123 Views 0 comment Print

Explore the conversion of a private limited company to public status. Learn regulatory provisions, prerequisites, and the step-by-step process outlined in the Companies Act, 2013

Equalisation Levy: Taxing Digital Services for Global Commerce Growth

January 23, 2024 3339 Views 0 comment Print

Introduction: Equalisation Levy, introduced by the Indian government, aims to tax specific digital services provided by non-resident e-commerce operators. It ensures taxation in India for income derived from digital services. Applicability of Equalisation Levy: Equalisation Levy is governed by Section 165 and Section 165A of the Finance Act, 2016, not the Income Tax Act, 1961. […]

Delhi HC stays NFRA Proceedings on alleged Section 80JJA Report Misconduct by CA

January 23, 2024 2253 Views 0 comment Print

Delhi High Court halts NFRA proceedings against CA Unnikrishnan Menon, challenging show cause notice for irregularities in Quess Corp audit and TDS claim under Income Tax Act.

Commissionerate with Highest Demand Holds Jurisdiction to Adjudicate Connected SCNs

January 23, 2024 804 Views 0 comment Print

Explore the Delhi High Court ruling in Aasanvish Technology case, stating that jurisdiction for adjudication rests with the commissionerate issuing SCNs with the highest demand. Understand the implications for cases involving multiple notices

Non-appearance on a Few Dates Insufficient Ground for GST Offense Bail Cancellation: Delhi HC

January 23, 2024 831 Views 0 comment Print

Explore the legal battle between Directorate General of GST Intelligence and Manish Goyal over bail cancellation for GST offenses. Analyzing court orders and arguments

Section 56(2)(vii)(b)(ii) Inapplicable to Partnership Firm’s Business Property: ITAT Chennai

January 23, 2024 3792 Views 0 comment Print

Explore ITAT Chennai’s ruling in Smt. Chandrasekaran Valarmathi vs. ITO case. Section 56(2)(vii)(b)(ii) of the Income Tax Act won’t apply when property is purchased for business use of a partnership firm.

Erroneous Claim without Mens Rea Not Grounds for Section 276 Proceedings under Income Tax

January 23, 2024 1659 Views 0 comment Print

Karnataka High Court held that incorrect claim or erroneous claim would not amount to willful evasion. Further, mere fact of not accurate tax, not exact tax or erroneous tax would not lead to the proceedings under Section 276 of the Income Tax Act.

Surplus on redemption of treasury bills taxable under Capital Gains: ITAT Mumbai

January 23, 2024 783 Views 0 comment Print

ITAT Mumbai held that surplus on redemption of treasury bills is taxable under the head Capital Gains and not under the head ‘Profits and Gains of Business’.

CIC directing to provide RTI relating to PM CARES Fund untenable: Delhi HC

January 23, 2024 777 Views 0 comment Print

Delhi High Court held that Section 138(2) of the IT Act would prevail over Section 22 of the RTI Act. Thus, Central Information Commission (CIC) order directing to provide copies of the file notings granting the approval relating to PM CARES Fund under Right to Information (RTI) liable to be set aside.

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