Sponsored
    Follow Us:

Deprival of benefit of stay u/s 112(9) GST Act due to non-constitution of Tribunal unjustified

April 19, 2023 849 Views 0 comment Print

Patna High Court held that the petitioner must be extended the statutory benefit of stay under Sub-Section (9) of Section 112 of the B.G.S.T. Act, for he cannot be deprived of the benefit, due to non- constitution of the Tribunal.

Microsoft Licenses fees not falls under the category of Royalty or Copy Rights

April 19, 2023 1578 Views 0 comment Print

ITAT Mumbai held that disallowance of roaming charges paid/ payable to other telecom operations u/s. 40(a)(ia) for non-deduction of tax at source u/s. 194J justified as national roaming process essentially involves decisive human intervention.

Denying eligible deduction u/s. 11 of Income Tax Act on technical basis is unjustifiable

April 19, 2023 1518 Views 0 comment Print

ITAT Delhi held that eligible deduction under section 11 of the Income Tax Act cannot be denied merely on the basis of technicalities.

Deriving Arm’s Length Price without resorting to any prescribed method is unjustifiable

April 19, 2023 1647 Views 0 comment Print

ITAT Delhi held that deriving Arm’s Length Price without resorting to any method prescribed as per the Income Tax Rules is unjustifiable. Accordingly, TPO/ AO directed to determine Arm’s Length Price.

Notice issued without stating basis for assumption of jurisdiction u/s 147 and 148 is unsustainable

April 18, 2023 3210 Views 0 comment Print

Bombay High Court held that notice not setting out the material that provided the basis for assumption of jurisdiction u/s. 147 and 148 of the Income Tax Act is without jurisdiction and unsustainable in law.

Evergreening or layering of patent protect is impermissible under Indian Patent Law

April 18, 2023 1494 Views 0 comment Print

Delhi High Court held that filing of multiple patent claims in respect of the same invention amounts to evergreening or layering of patent protection, which is impermissible under the Indian Patent Law.

Treatment of supply of ballast and chips subject to 4% Sales tax in Odisha

April 18, 2023 1308 Views 0 comment Print

Orissa High Court held that treatment of supply of ballast and chips and deduction of incidental charges from gross turnover is decided in favour of assessee in D.K. Construction case i.e. supply subject to 4% tax, accordingly, Assessing Authority directed to re-compute the tax liability based on observation in D.K. Construction case.

Denial of annual increment to government servant merely because of his retirement on next day is unjustified

April 18, 2023 2637 Views 0 comment Print

Supreme Court held that the annual increment to a government servant which he has earned for the services he has rendered over a specified period subject to his good behavior cannot be denied merely because of his retirement on the very next day.

Export is not a condition precedent to constitute Zero Rate sale under TNVAT

April 18, 2023 1146 Views 0 comment Print

Madras High Court held that export of goods is not a condition precedent or sine qua non to qualify as a Zero Rate sale as long as the sale falls within clause(ii) of Section 18 (1) of the Tamil Nadu Value Added Tax, 2006 (TNVAT).

CIRP application rejected as alleged default falls under the purview of section 10A of IBC, 2016

April 18, 2023 1209 Views 0 comment Print

NCLT Mumbai held that as date of default is beyond 25th March 2020, the default as alleged by Operational Creditor falls under the purview of Section 10A of the IBC, 2016 and hence application seeking initiation of CIRP rejected.

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031