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Jurisdictional AO has jurisdiction to entertain rectification application filed u/s 154

September 1, 2023 1515 Views 0 comment Print

ITAT Delhi held that the Jurisdictional A.O. is having the jurisdiction to entertain the rectification application filed by the Assessee u/s 154 of the Income Tax Act.

NCLT has jurisdiction to remit resolution plan for reconsidering amendments requested by successful resolution applicant

August 31, 2023 483 Views 0 comment Print

NCLAT Delhi held that there is NCLT (National Company Law Tribunal) has jurisdiction to remit the plan for reconsidering the amendment which the Successful Resolution Applicant himself was requesting to be carried out.

Fees of Resolution Professional rightly reduced for non-completion of CIRP in time bound manner

August 31, 2023 864 Views 0 comment Print

NCLAT Delhi held that adjudicating authority rightly reduced fees payable to Resolution Professional on failure in complying with his responsibilities of completing CIRP in a time bound manner.

TDS u/s 195 not deductible on commission paid to foreign agents for procurement of orders

August 31, 2023 2361 Views 0 comment Print

ITAT Delhi held that commission paid to foreign agents for procurement of orders do not fall under Technical, Managerial or consultancy services. Accordingly, TDS not deductible on commission paid to such foreign agents.

Operational creditor can initiate CIRP against Corporate Debtor only in clear cases

August 31, 2023 786 Views 0 comment Print

NCLAT Delhi held that operational creditor can initiate Corporate Insolvency Resolution Process (CIRP) against a Corporate Debtor only in clear cases where no real dispute exists between the two parties.

Sending order without ‘registered post with acknowledgement due’ is invalid service of order

August 31, 2023 1887 Views 0 comment Print

CESTAT Chennai held that tendering of an order to an unauthorized person or sending it without ‘registered post with acknowledgement due’ is not considered as a valid service of order. Accordingly, matter disposed of by way of remand.

Suspension of initiation of CIRP applies to date of default

August 31, 2023 552 Views 0 comment Print

NCLAT Chennai held that suspension of initiation of CIRP (Corporate Insolvency Resolution Process) as per provisions of section 10A of the Insolvency and Bankruptcy Code, 2016 applies to date of default i.e. 31.03.2020.

Revisionary power u/s 263 rightly invoked as order erroneous and prejudicial to interest of revenue

August 31, 2023 435 Views 0 comment Print

ITAT Mumbai held that revisionary powers under section 263 of the Income Tax Act rightly invoked by PCIT as order of assessing officer is erroneous and prejudicial to the interest of revenue.

Additional disallowance without converting limited scrutiny to complete scrutiny unsustainable

August 31, 2023 783 Views 0 comment Print

ITAT Bangalore held that disallowance of deduction claimed u/s 54F unjustified as no steps were taken to convert the limited scrutiny into complete scrutiny. Accordingly, disallowance deleted.

Customs authorities cannot counter once licencing authorities are satisfied that licencing conditions are fulfilled

August 31, 2023 363 Views 0 comment Print

CESTAT Chennai held that once the licencing authority has found that the licencing conditions have been fulfilled, it would not be open to the customs authorities too contend that the imports under the licence are contrary to law.

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