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Explanation u/s 14(1)(d) of IBC doesn’t apply to lease premium amount and lease rent

March 24, 2023 3684 Views 0 comment Print

NCLAT Delhi held that explanation under section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC) doesn’t apply to lease premium amount and lease rent.

Writ entertained by Sikkim HC for GST levied by Goa Govt is unjustifiable

March 24, 2023 570 Views 0 comment Print

SC held that writ petition entertained by Sikkim HC for tax levied by Government of Goa, merely because petitioning company has its office in Gangtok, Sikkim, is unjustifiable and lacks jurisdiction.

Service Tax Audit report cannot be regarded as an order of determination

March 24, 2023 927 Views 0 comment Print

CESTAT Delhi held that an audit report cannot be regarded as an order of determination under Voluntary Compliance Encouragement Scheme. Accordingly, audit report is akin to an order of determination under the relevant sections of the Scheme.

Individual resident of 60 years or more not having business income is not required to pay advance tax

March 24, 2023 1122 Views 0 comment Print

ITAT Delhi held that as per provisions of section 207 of the Income Tax Act, an individual resident of 60 years or more and not having income chargeable under the head ‘profit and gains’ of business or profession is not required to pay the advance tax.

Residuary jurisdiction of NCLT under section 60(5)(c) of I&B Code is limited

March 23, 2023 831 Views 0 comment Print

NCLT Ahmedabad held that residuary jurisdiction of National Company Law Tribunal under section 60(5)(c) of the Insolvency and Bankruptcy Code, 2016 is limited. Accordingly, application rejected.

Accident claim compensation to be calculated on gross salary after deducting professional tax

March 20, 2023 9972 Views 0 comment Print

Calcutta High Court held that in case of accident claim, compensation is to be calculated on gross salary after deducting the professional tax.

Cancellation of last pay certificate without clear & unambiguous reasons not tenable

March 20, 2023 1620 Views 0 comment Print

Orissa High Court held that cancellation of last pay certificate without clear and unambiguous reasons and not based on any evidence is liable to be quashed.

Simultaneous classification of services under two heads and demanding service tax thereon is unjustified

March 20, 2023 1353 Views 0 comment Print

CESTAT Delhi held that once the department has accepted that the services of appellant is classified under ‘mining services’, it cannot, simultaneously, classify the same under ‘Technical Testing and Analysis’ and demand service tax thereon.

Order passed in variation of procedures prescribed u/s 144B is non-est and bad-in-law

March 20, 2023 7803 Views 0 comment Print

ITAT Mumbai held that the assessment order passed in variation of the procedures prescribed u/s. 144B of the Income Tax Act would render the assessment order as non est.

‘Marked to market loss’ not being notional loss is allowable expenditure

March 20, 2023 2481 Views 0 comment Print

ITAT Mumbai held that that the ‘marked to market loss’ is not a notional loss and is, therefore, allowable expenditure.

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