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Substitution of sale consideration or investment cost by FMV outside purview of sec. 50C and 56(l)(vi)/(vii) prohibited

February 13, 2024 636 Views 0 comment Print

ITAT Delhi held that “full value of consideration” or “cost of investment” cannot be substituted by the fair market value (FMV), except in the case falling within the purview of 50C and Sec. 56(l)(vi)/(vii) of the Income Tax Act.

Royalty not includible in assessable value as relationship has not influenced price

February 13, 2024 816 Views 0 comment Print

CESTAT Chennai held that inclusion of royalty and technical know-how in the assessable value of the imported products unjustified as relationship has not influenced the pricing pattern.

Application claiming reliefs by successful bidder must be in consonance with process document

February 13, 2024 351 Views 0 comment Print

NCLT Kolkata held that successful bidder of the Corporate Debtor is allowed to file application before Adjudicating Authority claiming reliefs and concessions, however, such reliefs and concessions cannot be too elaborate and general and must be in consonance with process document in the liquidation proceedings.

Contract Clause stating decision by Committee to be final doesn’t constitute Arbitration Agreement: Bombay HC

February 12, 2024 351 Views 0 comment Print

Bombay High Court held that just because modified Clause 96 of the General Conditions of Contract states that the decision given by the Committee shall be final and binding upon the parties, the modified clause 96 constitutes the Arbitration Agreement between the parties

No Cessation of Liability u/s 41(1) as debt not written off in books

February 12, 2024 1077 Views 0 comment Print

ITAT Bangalore held that unless the debt has been written off in the books of accounts of both the assessees, it cannot be said that that cease to exist.

Properties covered under approved resolution plan cannot be provisionally attached u/s 5(1) of PMLA

February 10, 2024 438 Views 0 comment Print

NCLT Hyderabad held that provisional order of attachment u/s. 5(1) of the PMLA of the properties of the corporate debtor covered under the approved resolution plan would not wipe of the protection available to such properties u/s. 32A of I&B Code.

Delay in trial cannot be used as ground to grant bail: Supreme Court

February 10, 2024 1221 Views 0 comment Print

Supreme Court held that mere delay in trial pertaining to grave offences cannot be used as a ground to grant bail. Accordingly, bail application of appellant accused under Unlawful Activities (Prevention) Act, 1967 rejected.

Resolution plan approved by CoC meets requirements of section 30(2) stands approved: NCLT Hyderabad

February 10, 2024 279 Views 0 comment Print

NCLT Hyderabad approved the resolution plan submitted by Resolution Professional of M/s. Sindhanur Gangavathi Tollway Private Limited (Corporate Debtor) as the resolution plan as approved by CoC meets the requirements specified in Section 30(2) of the Code.

Article 13(4) of India-Mauritius DTAA exempts sale of shares acquired prior to 1st April 2017

February 10, 2024 909 Views 0 comment Print

ITAT Mumbai held that benefit of Article 13(4) of India Mauritius tax Treaty duly available to Mauritius registered assessee, having Tax Residency Certificate, for sale of shares which were acquired prior to 1st April 2017.

No Time Limit for Existing Charitable Trusts to File Form 10AB: ITAT Pune

February 10, 2024 2385 Views 0 comment Print

ITAT Pune held that time limit 6 months in filing of an application in Form 10AB for approval u/s 80G doesn’t apply to those trust/institutions which have already started charitable activities before obtaining Provisional Registration.

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