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Cricket activity by club is not a trade or business

August 2, 2022 1800 Views 0 comment Print

Held that activity of cricket by the club cannot be said to be in the nature of trade or business.

Income from incomplete transaction not assessable under complete contract method

August 1, 2022 1191 Views 0 comment Print

Held that the transaction has not been concluded in the AY under consideration when the assessee received nomination fee. Thus, the transaction was not complete so as to assess the income under complete contract method.

TNMM Most Appropriate Method in case of AE transactions

August 1, 2022 1611 Views 0 comment Print

Held that assessee leverages on the use of technology from the AE and does not contribute any unique intangibles to the transaction. PSM cannot be applied. TNM Method is Most Appropriate Method.

Arbitral award can be challenged u/s 34 only if view adopted is not a possible view

August 1, 2022 555 Views 0 comment Print

Held that an arbitral award can be set aside/ challenged u/s 34 of A&C Act only if an arbitral tribunal’s view is not a possible view and no reasonable person could possibly accept the same.

GST payable on Haj pilgrimage services by Private Tour Operators

August 1, 2022 10119 Views 0 comment Print

All India Haj Umrah Tour Organizer Association Vs Union of India (Supreme Court of India) Held that there is no discrimination done when GST exemption is available only on services or religious pilgrimage facilitated by Central/ state government, whereas, private tour operators are excluded from the purview of exemption. Facts- The broad question involved in […]

GST Refund claim timely filed to wrong forum but belatedly filed to correct forum should be accepted

August 1, 2022 1524 Views 0 comment Print

Held that timely refund claim was filed by the petitioner before PIPDIC (lessor) instead of service tax department which was later on filed before service tax department but belatedly. Such refund claim should be processed by the service tax department.

Annual letting value determinable as per rent control legislation as applicable

July 31, 2022 345 Views 0 comment Print

Held that property subjected to rent control legislation, however, annual letting value determined without considering the provisions of rent control legislation is untenable in law.

Amazon cannot question initiation of CIRP proceedings against corporate debtor

July 31, 2022 834 Views 0 comment Print

Held that being a third-party, Amazon.com cannot question the initiation of CIRP proceedings u/s 7 of IBC 2016 against the Corporate Debtor.

Application for initiation of CIRP by operational creditor cannot be admitted if debit is disputed

July 30, 2022 2583 Views 0 comment Print

Held that operational creditor can trigger CIRP process only in case of undisputed debt and default in payment thereof. However, if the debit is disputed, the application of the operational creditor for CIRP process cannot be admitted.

Khasgi trust is a public trust & trust property can be alienate as per section 14 of Public Trust Act

July 30, 2022 3825 Views 0 comment Print

The Khasgi (Devi Ahilyabai Holkar Charities) Trust Vs Vipin Dhanaitkar (Supreme Court of India) Held that as Public Trust Act is applicable to the Khasgi Trust, the Trustees cannot alienate the trust properties without complying with section 14. Facts- The main issue involved here is that whether Khasgi Trust is a Public Trust. Also, whether […]

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