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Taxes payable as per State Motor Vehicle Act in case of Bharat Series [BH Series] registration

January 21, 2025 834 Views 0 comment Print

The Central Government has the power to lay down the principles for taxation on mechanically propelled vehicles by the State. The Central Government may lay down the principles by enacting a law or by subordinate legislation

Cross-empowerment of state GST officials doesn’t require issuance of separate notification: Kerala HC

January 21, 2025 780 Views 0 comment Print

Kerala High Court held that there is no need for issuance of separate notification for cross-empowerment for authorising state GST officials as proper officer for the purpose CGST Act. Accordingly, writ disposed of.

Unilateral guarantee revocation doesn’t absolve guarantor’s obligation as revocation not agreed by Financial Creditor

January 20, 2025 882 Views 0 comment Print

NCLAT Delhi held that unilateral revocation of guarantee by the guarantor does not absolve him from his obligations under the guarantee agreement as the Financial Creditor has not agreed to such revocation.

Deprival of remedies under Article 21 of the Constitution not justifiable: NCLAT Chennai

January 20, 2025 678 Views 0 comment Print

NCLAT Chennai held that a right to judicial remedies is a right which is safeguarded by Article 21 of the Constitution of India. Thus, deprival of remedies available under Article 21 is unjustifiable and hence it is directed to revive back the company petition.

Resolution professional free to participate in fresh process after rejection of plan by CoC

January 20, 2025 615 Views 0 comment Print

NCLAT Delhi held that resolution professional whose resolution plan was once rejected by the Committee of Creditors [CoC] is free to participate in fresh process initiated by fresh Form G for inviting Expression of Interest.

Denial of FTC as income not offered to tax in the considered year not justifiable

January 20, 2025 894 Views 0 comment Print

ITAT Ahmedabad held that denial of Foreign Tax Credit [FTC] on the ground that corresponding income has not been offered for tax in the year under appeal is not justifiable. Accordingly, FTC allowed.

VAT tax liability based on Form F containing forged signature of deceased petitioner not tenable

January 20, 2025 492 Views 0 comment Print

Madras High Court held that VAT tax liability imposed on deceased petitioner and his wife based on Form F containing forged signature of deceased petitioner and his wife is liable to be set aside. Accordingly, petition allowed.

NCLT cannot exercise jurisdiction over matters dehors insolvency proceedings: NCLAT Delhi

January 20, 2025 1104 Views 0 comment Print

Hon’ble Supreme Court in the case of Gujarat Urja Vikas Nigam Ltd. has held that the NCLT cannot exercise its jurisdiction over matters dehors the insolvency proceedings since such matters would fall outside the realm of IBC.

Penalty u/s. 10(d) of CST Act without mens rea untenable: Allahabad HC

January 20, 2025 693 Views 0 comment Print

Allahabad High Court held that imposition of penalty under section 10(d) of the Central Sales Tax Act [CST Act] in absence of mens rea is untenable in law. Accordingly, order of penalty is liable to be quashed.

Passing attachment order inspite of pending appeal not justified: Madras HC

January 20, 2025 822 Views 0 comment Print

Madras High Court held that passing of attachment order and debit for amount of arrears inspite of pending appeal is not justified. Accordingly, departmental officer directed to refund the amount.

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