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Archive: 25 November 2024

Posts in 25 November 2024

Premium amount or lease rent is not part of section 14(1)(d) of IBC: NCLAT Delhi

November 25, 2024 1101 Views 0 comment Print

M/s Concord Infrastructure Pvt. Ltd. (Operational Creditor) filed an application u/s. 9 of the Insolvency and Bankruptcy Code, 2016 before the Adjudicating Authority against M/s Shubhkamna Buildtech Pvt. Ltd. (Corporate Debtor) which was admitted on 26.11.2018.

Mere Disagreement Doesn’t Justify invocation of Section 263 Revision Power: Madras HC

November 25, 2024 1113 Views 0 comment Print

Madras High Court held that issue relating to pre-closure premium was already considered and allowed by the assessing authority. Thus, invocation of revisionary power u/s. 263 for mere disagreement with the view of the assessing authority is unjustified in law.

Section 115BAB benefit allowed if commencement of manufacturing for subsequent year proved

November 25, 2024 2025 Views 0 comment Print

ITAT Hyderabad held that benefit of section 115BAB of the Income Tax Act granted even if Form 10ID filed prior to commencement of manufacturing activity, if assessee proves the commencement of manufacturing for the subsequent assessment year.

Customs Act Cannot Be Amended via mere Press Release: SC

November 25, 2024 1545 Views 0 comment Print

Supreme Court held that press release cannot be the basis of changing the law. Exemption under the Customs Act has to be via issuance of notification as provided by the Customs Act. Thus, press release cannot be basis for giving away with old legal regime.

NSE lacks statutory authority to block issue of duplicate certificates: Bombay HC

November 25, 2024 822 Views 0 comment Print

Since 1986 to 1997, Petitioner acquired shares, in tranches, of Respondent No.4-Company. The Petitioner subsequently sold some of these shares. In April 2007, the shares of Rs.10/- each of Respondent No.4-Company were split into shares of Rs.5/- each.

GST: Bombay HC dismisses Petition due to availability of statutory alternate remedies

November 25, 2024 1056 Views 0 comment Print

Bombay High Court held that no case has been made by any of the petitioners to bypass the statutory alternate remedies. Accordingly, petition dismissed on account of available alternative remedies.

Cenvat Credit availment on debit note allowed as it covered all requisite particulars: CESTAT Allahabad

November 25, 2024 759 Views 0 comment Print

CESTAT Allahabad held that denial of cenvat credit, merely because the credit is availed on the basis of debit note, not justified since debit note covered all the requisite particulars. Accordingly, cenvat allowed on the basis of debit note.

Section 11(1) Exemption Granted to Rajkot Urban Development Authority: ITAT Ahmedabad

November 25, 2024 990 Views 0 comment Print

ITAT Ahmedabad held that exemption u/s. 11(1)(2) and 11(1)(a) of the Income Tax Act duly admissible to Rajkot Urban Development Authority (RUDA) since the activities were not commercial in nature.

Section 158 DIN Rule Violation: Penalty Reduced to ₹2.25 Lakh

November 25, 2024 1179 Views 0 comment Print

Regional Director, Eastern Region, reduces penalty for Section 158 DIN violations to ₹2.25 lakh in the MPS Distributors Pvt. Ltd. case. Appeal details inside.

Claim of compassionate appointment is not vested right: Supreme Court

November 25, 2024 801 Views 0 comment Print

This Appeal has been preferred by the son of Shri Jai Prakash, a deceased constable in Haryana Police, seeking appointment on compassionate grounds, as his father and another constable died while on duty on 22.11.1997.

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