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Assessment order based on invalid notice u/s 148 is unsustainable

June 7, 2023 5010 Views 0 comment Print

ITAT Delhi held that assessment order based on notice issued under section 148 not by the jurisdictional AO is unsustainable and liable to be quashed.

Disqualification of Haj Group Organization because of uncertainty of GST amount is unjust

June 7, 2023 1422 Views 0 comment Print

Delhi High Court held that disqualification of Haj Group Organization merely on the basis of uncertainty in respect of the amount of GST to be paid is unjust.

Resolution Applicant is required to perform its obligation as per Resolution Plan

June 7, 2023 2385 Views 0 comment Print

NCLAT Delhi held that held that the Lenders and Banks are obliged to discharge their obligations as per the Resolution Plan and Resolution Applicant must also perform its obligation as per the Resolution Plan.

Agreement not being engrossed on stamped paper doesn’t affect claim of Operational Creditor

June 7, 2023 996 Views 0 comment Print

NCLAT Delhi held that when Agreement was admittedly executed between the parties, signed by both the parties and acted upon, mere fact that it not being engrossed on stamped papers shall have no adverse consequence on the claim of the Operational Creditor.

Identity proof not required for exchange of Rs. 2000 banknotes: HC

June 7, 2023 22362 Views 0 comment Print

Delhi High Court held that there is no requirement of identity proof for exchange of Rs. 2000 denomination banknotes as it is not the case of demonetization but it is a case of mere withdrawal of Rs. 2000 denomination banknotes from circulation.

Initiation of proceedings u/s 7 against Corporate Debtor justified as debt and default admitted

June 6, 2023 753 Views 0 comment Print

NCLAT Delhi held that initiation of proceeding against the Corporate Debtor u/s 7 justifiable as debt and default duly admitted by the Corporate Debtor.

Section 43A specifies that additional amount paid due to fluctuation is capital expenditure

June 6, 2023 7236 Views 0 comment Print

ITAT Chennai Held that the provisions of section 43A of the Act specifically provides that the amount of increase or decrease in the liability due to fluctuation in exchange rate should be adjusted against the actual cost of the capital expenditure or the cost of acquisition of capital asset.

Email cannot be viewed as acknowledgment of liability by Corporate Debtor hence cannot help in extending limitation period

June 6, 2023 5859 Views 0 comment Print

NCLAT Delhi held that the email of 05.05.2017 cannot be viewed as an acknowledgment of liability on the part of the Corporate Debtor and hence cannot help in extending the period of limitation.

Demanding duty drawback unsustained as payment for goods exported duly received

June 6, 2023 1566 Views 0 comment Print

CESTAT Delhi held that demanding the duty drawback unsustained as payment for goods exported is duly supported by BRC and re-certified after verification by the Bank. Further, revenue has not brought on record any evidence relating to diversion of goods or return of any remittance.

Denial of exemption u/s 11 justified as audit report in Form 10B filed beyond specified date

June 6, 2023 4206 Views 0 comment Print

ITAT Raipur held that exemption under section 11 of the Income Tax Act duly denied to trust as audit report in Form 10B e-filed/ uploaded beyond the date specified u/s 139 of the Income Tax Act.

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