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Archive: 28 May 2024

Posts in 28 May 2024

Purpose of IBC is reorganization & insolvency resolution, not debt recovery: NCLAT Delhi

May 28, 2024 570 Views 0 comment Print

NCLAT clarifies that absence of GST refund/ITC claim in demand notice or Form 5 is not grounds for default under CIRP as per Section 9 of IBC.

Delhi HC Permits Inspection of Seized Article in presence of Customs Authorities

May 28, 2024 510 Views 0 comment Print

Read the detailed judgment of Delhi High Court allowing inspection, measurement, and photography of seized articles in the case of Atsar Exports Pvt Ltd Vs Superintendent of Customs.

Delhi HC Upheld Restitution Principle: Denies Refund of Pre-Deposit Amount

May 28, 2024 510 Views 0 comment Print

Case revolved around principle of restitution and whether petitioner was entitled to a refund of pre-deposit amount in light of overturning of original order.

Deliberation on issue whether gain on sale of shares and securities taxable as Capital Gain or Business Income

May 28, 2024 10107 Views 0 comment Print

Deliberating if gains from share sales should be taxed as Capital Gains or Business Income. Factors include investment intent, transaction frequency, and legal guidelines.

GST Demand When Case is Revenue Neutral: ITC Claimed in GST Annual Return

May 28, 2024 4935 Views 0 comment Print

Calcutta High Court sets aside GST Cess demand on cigarettes, ruling in favor of Ankit Kumar Agarwal, citing revenue neutrality and timely filed annual return.

Magistrate Should Not Act As Prosecution’s Post Office: Rajasthan HC

May 28, 2024 978 Views 0 comment Print

Rajasthan High Court emphasizes that magistrates must apply judicial mind, not act as prosecution’s post office, while taking cognizance of cases.

Review of IFSCA Market Infrastructure Regulations 2021

May 28, 2024 819 Views 0 comment Print

IFSCA invites public suggestions to review 2021 Market Infrastructure Regulations, aiming to simplify compliance and boost secondary markets in IFSC.

Reassessment Notice Under Section 148 Invalid If Issued After Four Years

May 28, 2024 12987 Views 0 comment Print

Learn why a reassessment notice issued under Section 148 beyond the four-year period from the end of the relevant assessment year is deemed invalid, with insights from a recent ITAT decision.

ICAI Penalises CA for Withholding Audit Report & Documents

May 28, 2024 753 Views 0 comment Print

ICAI Punishes CA for failing to submit an audit report for the Ranchi Educational Society for the financial year 2017-18, withholding audit documents, and causing issues with the society’s income tax return filing

ICAI Reprimands CA for misconduct over TDS issues & wrongful fund retention

May 28, 2024 384 Views 0 comment Print

ICAI reprimands Jharkhand-based CA Anita Kumari for professional misconduct over TDS issues and wrongful retention of funds as per disciplinary order.

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