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Archive: 19 November 2024

Posts in 19 November 2024

Govt Overhauls CPSEs Higher Dividends, Share Buybacks & Splits on Cards

November 19, 2024 819 Views 0 comment Print

CPSEs must pay higher dividends, consider share buybacks, and issue bonus shares. Learn about DIPAM’s new rules to enhance efficiency and shareholder value.

Revision u/s. 263 justified due to lack of inquiry and total non-application of mind by AO

November 19, 2024 1095 Views 0 comment Print

Delhi High Court held that revisionary proceedings under section 263 of the Income Tax Act justified in absence of any effective inquiry and total non-application of mind by AO. Accordingly, order passed by AO erroneous and prejudicial to interest of revenue.

Rejection of Transactional Net Margin Method without reasons is not justifiable: Delhi HC

November 19, 2024 1011 Views 0 comment Print

Held that the TPO had provided no reasons whatsoever for rejecting the TNMM as the most appropriate method. Thus, the Tribunal has rightly concluded that the TPO’s decision to reject TNMM as the most appropriate method was without reasons.

Settlement proposal u/s. 12A of IBC rejected since earlier proposal already disapproved by CoC

November 19, 2024 906 Views 0 comment Print

NCLT Delhi held that the proposals for settlement under section 12A of the IBC, 2016 made prior, to approval of the Resolution Plan, is rejected since the same was already considered by CoC and the same was not approved.

Burden cannot be shifted on assessee when nothing contrary found in search operation: ITAT Bangalore

November 19, 2024 1353 Views 0 comment Print

It is settled position of law that there cannot be any estoppels against the statute. If an income, is not taxable within the four corners of law, then the same cannot be made taxable merely because the assessee has offered the same under misconception of facts and law.

No withdrawal of approved resolution plan unless the breach of sec. 30(2) of IBC

November 19, 2024 936 Views 0 comment Print

The law was well settled that the Resolution Plan which was approved by the CoC could not be allowed to be withdrawn and any clause which contemplate withdrawal of the plan was unenforceable unless section 30(2) of the IBC was breached.

Dissenting Financial Creditor was only entitled to Liquidation Value of Secured Interest u/s 30(2)(b) of IBC

November 19, 2024 837 Views 0 comment Print

Appellant had submitted that it was a secured financial creditor of the Corporate Debtor. Appellant’s financial debt was secured by charge on certain units and / or charge on total FSI (totaling to about 34,200 sq. ft.) in the project that was being developed by the CD.

Disallowance of amount of employees’ share to ESI and PF after due date justifiable: ITAT Bangalore

November 19, 2024 1632 Views 1 comment Print

ITAT Bangalore held that amount of employee’s share to ESI and PF paid after due date provide under the respective statutes is liable to be disallowed. Accordingly, matter referred back for limited purpose of verification of payment challans.

Conditional bail granted to accused involved in smuggling of foreign origin gold: Patna HC

November 19, 2024 582 Views 0 comment Print

Patna High Court granted conditional bail to the accused involved in smuggling of foreign origin gold. Further, accused also directed to remain physically present in the given dates.

Excess interest to be refunded back as rule 8(3) is ultra vires to section 11AB(1) of Central Excise Act

November 19, 2024 582 Views 0 comment Print

Petitioner is engaged in manufacturing of Duplex Board. The present writ petition has been preferred seeking to recover a sum of Rs.3,66,649/- which was paid by the petitioner to the Department as interest in excess of actual interest liability.

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