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Financial creditor can initiate insolvency resolution process u/s. 7 of IBC against co-borrower: NCLAT Delhi

October 16, 2024 630 Views 0 comment Print

NCLAT Delhi held that insolvency resolution process against co-borrower justified as obligation of the Co-Borrower is coextensive and coterminous with that of the Primary Borrower.

Availing Carnet De Passage benefit by mis-declaring purpose of export of Ferrari Motor Car unjustified: CESTAT Bangalore

October 16, 2024 588 Views 0 comment Print

The Commissioner holding that the appellant had resorted to deliberate misdeclaration and utilised the carnet documents to clear the vehicle without payment of duty, held that the car was liable for confiscation u/s. 111(m) of the Customs Act, 1962.

Addition u/s. 69A without proper examination of books of accounts unjustified: ITAT Ahmedabad

October 16, 2024 1707 Views 0 comment Print

ITAT Ahmedabad held that the addition under Section 69A of the Income Tax Act made without proper examination of the books of account and relevant financial records unjustified. Accordingly, order set aside and matter restored back.

Penalty alleging foreign origin gold set aside as documents not examined by department: CESTAT Hyderabad

October 16, 2024 417 Views 0 comment Print

CESTAT Hyderabad held that imposition of penalty on allegation of foreign origin gold set aside as department failed to examine the documents nor have given any specific findings on the defence of the assessee. Thus, order set aside and matter remanded back.

Depreciation on right to collect toll on roads developed on BOT basis ineligible: ITAT Mumbai

October 16, 2024 1125 Views 0 comment Print

ITAT Mumbai held that depreciation under section 32 of the Income Tax Act on the right to collect toll on the roads developed on BOT basis is not eligible.

Interest earned on deposits of funds infused by Government is capital receipt: Kerala HC

October 15, 2024 738 Views 0 comment Print

Kerala High Court held that the “interest income” on the short-term deposits of the funds infused by the Government are in the nature of “capital receipt” and not “revenue receipt” and hence the same are not taxable as ‘income from other sources’.

Litigant should not be made to suffer for mistake on the part of counsel: Madhya Pradesh HC

October 15, 2024 984 Views 0 comment Print

Madhya Pradesh High Court held that it is settled law that for the fault of the counsel, the litigant should not be made to suffer. Thus, petition allowed with a suggestion to counsel for the applicant to invest one hour of community service while visiting Mercy Home.

Payment of management & license fee not relatable to imported goods not includible in transaction value

October 15, 2024 837 Views 0 comment Print

CESTAT Kolkata held that the payment of Management Fee and the License Fee not being relatable to the imported goods and condition precedent to the sale of imported goods are therefore not includible in the transaction value.

Retrospective cancellation of GST registration without affording sufficient opportunity unjustified: Delhi HC

October 15, 2024 702 Views 0 comment Print

Delhi High Court held that cancellation of GST registration with retrospective effect without affording sufficient opportunity of being heard is unjustified. Accordingly, order cancelling GST registration set aside.

Severance compensation is capital receipt & not chargeable to tax u/s. 17(3): ITAT Ahmedabad

October 15, 2024 1734 Views 0 comment Print

ITAT Ahmedabad held that the severance compensation received by the employee is a capital receipt and the same is not chargeable to tax under Section 17(3) of the Income-tax Act, 1961.

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