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Companies Act Section 140(5) not become nugatory on auditor resignation: SC

May 4, 2023 2424 Views 0 comment Print

SC ruling on whether rendering provisions of Section 140(5) of Companies Act, 2013 become nugatory on auditor resignation on non reporting of fraud

Revenue files MA in SC seeking clarification regarding applicability of judgement in the light of provisions of Section 150 of IT Act 1961

April 28, 2023 2199 Views 0 comment Print

PCIT Vs Abhisar Buildwell P Ltd (Supreme Court of India) Revenue files MA in SC seeking clarification regarding applicability of judgement in the light of provisions of Section 150 of IT Act 1961 After the judgement of Supreme Court in the case of Abhisar Buildwell Pvt ltd was announced on 24th  April, 2023, the Income-tax […]

Calcutta HC order on inordinate delay to approach writ court

April 28, 2023 1071 Views 0 comment Print

The Calcutta high court in this case was dealing with challenge to declaration of the petitioner herein as a wilful defaulter vide order passed in October,2018 when the counsel for the bank challenged maintainability on the ground of delay. The bank argued that the immediate cause of the writ was the lookout circular which was issued against the petitioner whereupon the petitioner was not allowed to travel abroad.

Prior period expenses allowable as liability crystallized in the year under consideration

April 21, 2023 3507 Views 0 comment Print

PCIT Vs Balmer Lawrie And Company Limited (Calcutta High Court) The Division bench of Calcutta High Court in this case was considering department’s appeal whether any substantial question of law arose when the assessee had claimed Rs 4.08 crore as prior period expenditure on account of same having crystallised during the year though it related […]

SC quashes HC order dismissing revenue appeals in determination of arm’s length price

April 20, 2023 1464 Views 0 comment Print

SAP Labs India Private Vs ITO (Supreme Court of India) Whether in every case where the Tribunal determines the arm’s length price, the same shall attain finality and the High Court is precluded from considering the determination of the arm’s length price determined by the Tribunal, in exercise of powers under Section 260A of the […]

SC order Whether mens rea is essential for levy of penalty under taxation laws

April 18, 2023 7158 Views 0 comment Print

State of Gujarat and Anr. Vs Saw Pipes Ltd. (Supreme Court) The highest court of the country in this case was considering the levy of penalty and interest under the provisions of Gujarat Sales tax Act 1969 when the high court gave relief by setting aside interest and penalty in relation to tax paid on […]

SC defines consumer & commercial purpose under Consumer Protection Act

April 14, 2023 25695 Views 0 comment Print

Meaning of commercial purpose under Consumer Protection Act for reimbursement of claim on account of fire at Godown of a commercial enterprise

Import of custom design on a blue print was import of service liable for service tax: SC

April 11, 2023 1863 Views 0 comment Print

SC held that declaration in bill of entry as goods and acceptance under Customs cannot be determinative of transaction and import of design and drawings in a paper was import of service liable for service tax under applicable provisions.

No Section 80IB deduction on profit from DEPB / Duty Drawback Schemes: SC

April 11, 2023 2022 Views 0 comment Print

Whether Duty drawback and DEPB received as an incentive for exports can be said to be derived from the business of industrial undertaking and thus eligible for the benefits of Section 80-IB of Income-tax Act, 1961?

SC ruling on determining management and control for residency of a company

April 11, 2023 3513 Views 0 comment Print

Mansarovar Commercial Pvt. Ltd. Vs CIT (Supreme Court of India) Sub- What is the meaning of management and control for the purpose of determining residency of a company? Whether simply registered office of a company can be the criterion ? The Supreme Court in this case was considering interesting question as to taxability of alleged […]

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