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CIRP application rejected as alleged default falls under the purview of section 10A of IBC, 2016

April 18, 2023 1395 Views 0 comment Print

NCLT Mumbai held that as date of default is beyond 25th March 2020, the default as alleged by Operational Creditor falls under the purview of Section 10A of the IBC, 2016 and hence application seeking initiation of CIRP rejected.

Import conditions not violated for use of imported aircraft by non-scheduled (passenger) services

April 18, 2023 1320 Views 0 comment Print

Delhi High Court held that as per explanation inserted to Condition No. 104, exemption condition would be satisfied if the aircraft imported is used for non-scheduled (passenger) services or non-scheduled (charter) services. Accordingly, use of imported aircraft by non-scheduled (passenger) services, shall not be construed to be a violation of conditions of imports at concessional rate of duty.

Deeming provisions u/s 69 r/w section 115BBE doesn’t apply to income surrendered as account receivable

April 18, 2023 2874 Views 0 comment Print

ITAT Chandigarh held that the income so surrendered by way of account receivables cannot be brought to tax under the deeming provisions u/s 69 r/w section 115BBE of the Income Tax Act.

Penalties on both proprietorship firm & proprietor amounts to double penalty and hence unsustainable

April 18, 2023 3132 Views 0 comment Print

CESTAT Kolkata held that imposition of penalties on both proprietorship firm and proprietor amounts to imposition of penalty twice and the same is unsustainable in the eyes of law.

Clearance of two entities having same partners is to be clubbed for SSI exemption limit

April 18, 2023 2151 Views 0 comment Print

CESTAT Ahmedabad held that value of clearance of two entities having same partners are to be clubbed and excise duty on clearance exceeding the eligible limit of SSI exemption is duly payable.

Voluntary payment by employer out of appreciation is outside rigours of section 17(3)(iii)

April 18, 2023 8241 Views 0 comment Print

ITAT Pune held that payment made voluntarily by the employer out of appreciation for the employee falls outside the rigours of Section 17(3)(iii) of the Income Tax Act.

Proportionate disallowance u/s 35AD justifiable as only one godown used for non-agricultural purpose

April 18, 2023 1731 Views 0 comment Print

ITAT Ahmedabad held that proportionate disallowance u/s 35AD of the Income Tax Act is justifiable as only one godown is used for non-agricultural purposes, whereas, other four go-downs are used for agricultural purposes only.

GST: Order directing GAIL to pay sum which is not due and payable is unsustainable

April 18, 2023 987 Views 0 comment Print

Delhi High Court held that impugned order directing GAIL to pay a sum of money which is not due and payable by GAIL is not sustainable.

Notification imposing GST on fare of auto rickshaws booked via electronic platforms like UBER is valid

April 17, 2023 3000 Views 0 comment Print

Delhi High Court held that Notifications withdrawing the exemption from the ECOs and making the levy of GST, on the fare of non-air-conditioned stage carriage ticket booked through the electronic platform like UBER is constitutionally valid.

Expenditure incurred for electricity load extension charges are revenue in nature

April 17, 2023 3555 Views 0 comment Print

ITAT Kolkata held that the electricity load extension charges are allowable as revenue expenditure. Accordingly, addition towards the same is unjustifiable and liable to be set aside.

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