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Onus on buyer to establish genuineness of purchase to claim ITC under VAT: SC

March 14, 2023 16410 Views 0 comment Print

State of Karnataka Vs. Ecom Gill Coffee Trading Private Limited (Supreme Court) The dealer claiming ITC has to prove beyond doubt the actual transaction which can be proved by furnishing the name and address of the selling dealer, details of the vehicle which has delivered the goods, payment of freight charges, acknowledgement of taking delivery […]

Operational Guidance – Amendment to SEBI Buy-back Regulations

March 8, 2023 2472 Views 0 comment Print

As per Clause (vi) of Regulation 16 of the Buy-back Regulations, the buy-back through stock exchanges shall be subject to the restrictions on placement of bids, price and volume, as specified by SEBI.

HC imposes cost on AO for issuing notice to non existent company

March 4, 2023 2223 Views 0 comment Print

Orbit Projects Private Limited Vs ITO (Calcutta High Court) Sub- Whether an Assessing officer ignoring the judgement of Calcutta high court in the case of assessee itself issue a fresh notice u/s 148 disregarding the fact that the company in whose name the notice is issued is no longer in existence and for this very […]

Return from a Development Agreement in favour of land owner is capital gain

February 28, 2023 1815 Views 0 comment Print

CIT Vs Machino Techno Sales Ltd. (Calcutta High Court) Whether area sharing by the land owner is eligible to be treated as capital gains in a development agreement and not business income? The division bench of Calcutta high court in this case was considering appeal of department where the ITAT Kolkata benches held that the […]

Section 50C not applies when immovable property compulsorily acquired by Government

February 26, 2023 4701 Views 0 comment Print

PCIT Vs Durgapur Projects Limited (Calcutta High Court) Whether provisions of Section 50C can be applied when the immovable property is compulsorily acquired by the Government? Whether the definition of transfer u/s 2(47) can be considered for applying Section 50C or only when the transfer involves payment of stamp duty that the provisions of Section […]

Whether an order for transfer of a case from one city to another is administrative order?

February 12, 2023 2766 Views 0 comment Print

Kamal Nath Vs PCIT (Calcutta High Court) Whether an order for transfer of a case from one city to another is an administrative order or a quasi judicial order and also whether reasons are required to be recorded for passing such an order In this high voltage case related to Ex-Chief Minister of Madhya Pradesh […]

Is it joint responsibility of flat buyer & builder to obtain completion certificate?

February 10, 2023 2772 Views 0 comment Print

Is it the joint responsibility of the flat buyer and the builder to obtain the completion certificate from Kolkata Municipal Corporation and is buyer at fault if he moves in the flat without the CC and connected issues

ESI Act should receive a liberal & beneficial construction to promote its objects: SC

February 8, 2023 1998 Views 0 comment Print

The establishment M/s Radhika Theatre, situated at Warangal, Telangana was covered under ESI Act w.e.f. 16.01.1981 on the basis of Form 01 dt. 27.01.1981 submitted by the petitioner establishment. Thereafter Corporation issued C-11 dated 04/02/1981 to the Employer informing the coverage of the unit.

SC ruling on whether deficiency in service to lead to compensation under Consumer Protection Laws

February 8, 2023 6078 Views 0 comment Print

Whether improper hair cut & consequent humiliation/embarrassment is deficiency in service for compensation under Consumer Protection Laws

Whether writ against notice u/s 148 is maintainable

February 4, 2023 2451 Views 0 comment Print

Pawan Kumar Agrawala Vs Income Tax Officer (Orissa High Court) The Chief Justice bench of Orissa High Court, of late has not been entertaining writ petition against notice u/s 148 in view of the decision of the Supreme Court in the case of Anshul Jain. This is notwithstanding the fact that on 1st February 2023, […]

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