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Denial of registration u/s 12AB unjustified for Minor Name Difference

August 22, 2023 630 Views 0 comment Print

ITAT Surat held that the assessee trust is very old trust, and because of slight difference in the name of assessee, in various documents should not be resulted into disentitlement from getting registered under section 12AB of the Income Tax Act.

Secured creditor obtains priority over right claimed by Revenue

August 21, 2023 2397 Views 0 comment Print

Kerala High Court held that a secured creditor, under Section 26E of the SARFAESI Act and Section 31B of the RDB Act, obtains priority over the right claimed by the Revenue both in proceeding against the properties in question or in recovering the secured debt.

Cost-to-cost reimbursement of secondment of employees not FTS under India-USA DTAA

August 21, 2023 1710 Views 0 comment Print

ITAT Delhi held that cost to cost reimbursement on account of secondment of employees cannot be treated as Fees for Technical Services (FTS) as defined under Article 12 of India USA-Double Tax Avoidance Agreement (DTAA).

Settlement for foreclosure of concession agreement re Kiratpur – Ner Chowk Project is as per resolution framework

August 21, 2023 891 Views 0 comment Print

NCLAT Delhi held that the settlement entered into by KNCEL (Kiratpur Ner Chowk Expressway Limited) and NHAI (National Highways Authority of India) for foreclosure of the Concession Agreement relating to Kiratpur – Ner Chowk Project under the MoRTH Guidelines is in accordance with the approved Resolution Framework

Deceased’s Legal Representative Can Participate in Sec. 241/242 Proceedings without becoming member of company

August 21, 2023 2667 Views 0 comment Print

NCLAT Chennai held that there is `no Law’, which specifically envisages that unless, the `Legal Representatives’, become `Members’ of a `Company’, the `Legal Representatives’, of the `Deceased’, shall not become a `Party’, to the `Proceedings’, under Section 241 and 242 of the Companies Act, 2013.

Addition unsustainable as genuineness of agricultural operations accepted

August 20, 2023 738 Views 0 comment Print

ITAT Indore held that addition unsustainable as genuineness of the agricultural operations of the assesse and sales made by the assesse duly accepted.

Amount received mistakenly and returned back with interest is allowable as deduction u/s 37

August 20, 2023 750 Views 0 comment Print

ITAT Delhi held that amount which was mistakenly received and returned with interest by virtue of order of the Court is allowable as deduction under section 37 of the Income Tax Act.

Passing of revisionary order u/s 263 without issuance of notice on subject matter is unjustified

August 20, 2023 354 Views 0 comment Print

ITAT Surat restored the matter back to the file of Pr. CIT as revisionary order under section 263 of the Income Tax Act cannot be passed without issuance of show cause notice on the subject matter. Such revisionary order is against the principal of natural justice.

Parts of Drier/ parboiling parts classifiable under heading 8437 till circular 924/14/2010-CX got rescinded

August 20, 2023 216 Views 0 comment Print

CESTAT Ahmedabad held that Parts of Drier/ parboiling parts namely Heat Exchanges, Drier Fan and Aluminium Fin Tubes are classifiable under Chapter Heading 8437 and attracted NIL rate till Circular No. 924/14/2010-CX dated 19.05.2010 got rescinded.

Redemption fine and penalty justified as FTP condition to import Light Oil not satisfied

August 20, 2023 291 Views 0 comment Print

CESTAT Ahmedabad held that goods imported are classifiable under tariff heading 27101290 which are allowed to be imported only through State Trading Enterprises (STE), as per the Foreign Trade Policy (FTP) condition 5 of chapter 27. Redemption fine and penalty justified as condition of the policy for importing goods not satisfied.

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